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Topic: Community property

Ads by Google      Community vs. Separate Property Community property is a theory of law in which the husband and the wife are treated as co-owners of property in a form similar to a partnership. California is one of nine states that embrace the law of community property. The classification of property as community, separate, or quasi-community will determine how such things are divided between the parties upon dissolution of the marriage. http://www.californiadivorce.info/legal.property.communityvsseparateproperty.htm   (323 words)      House of Lords - The Commissioners of Customs and Excise v. Sinclair Collis Limited The court, in its judgment beginning at p 805, para 63 stressed that the exemptions "have their own independent meaning in Community law" so that they "must therefore be given a Community definition" and repeated that the terms of the exemptions must be construed strictly. But that is not conclusive of the question whether to achieve that aim they have entered into an agreement which amounts to the letting of immovable property or a licence to occupy land. He said that it necessarily involves the grant of some right to 'occupy the property as one's own and to exclude or admit others, a right which is, moreover, linked to a defined piece or area of property'. http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldjudgmt/jd010607/collis-1.htm   (3572 words)      quasi-community property - legal definition If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces. A form of property owned by a married couple. http://nolo.com/definition.cfm/Term/C24C729C-8327-4EF6-AEF92D0BA1277C5E/alpha/Q   (185 words)      CATHOLIC ENCYCLOPEDIA: Property Public property is intended to serve the interests of the community at large; private property, the interests of a limited circle. The property of a community remains private as long as that community is able to exclude outsiders from participating in its enjoyment. Others again derive the justice of private property from the laws of the State (legal theory). http://www.newadvent.org/cathen/12462a.htm   (4935 words)      Encyclopedia4U - Community property - Encyclopedia Article Community property is a marital property regime found in some common law jurisdictions in which all property acquired during the marriage (except for gifts or inheritances) is owned jointly by both spouses and is divided upon divorce or annulment. In some jurisdictions, a 50/50 division of community property is mandated by law; in others a divorce court may decree an unequal division of community property. In non-community property states property may be divided by equitable distribution. http://www.encyclopedia4u.com/c/community-property.html   (4935 words)      US CODE: Title 11,726. Distribution of property of the estate (A) First, community claims against the debtor or the debtor’s spouse shall be paid from property of the kind specified in section 541 (a)(2) of this title, except to the extent that such property is solely liable for debts of the debtor. (B) Second, to the extent that community claims against the debtor are not paid under subparagraph (A) of this paragraph, such community claims shall be paid from property of the kind specified in section 541 (a)(2) of this title that is solely liable for debts of the debtor. (1) Claims allowed under section 503 of this title shall be paid either from property of the kind specified in section 541 (a)(2) of this title, or from other property of the estate, as the interest of justice requires. http://www.law.cornell.edu/uscode/11/726.shtml   (511 words)      Private Property and Communism, Marx, 1844 Finally, this movement of opposing universal private property to private property finds expression in the brutish form of opposing to marriage (certainly a form of exclusive private property) the community of women, in which a woman becomes a piece of communal and common property. ] so the entire world of wealth (that is, of man’s objective substance) passes from the relationship of exclusive marriage with the owner of private property to a state of universal prostitution with the community. The relationship of private property persists as the relationship of the community to the world of things. http://www.marxists.org/archive/marx/works/1844/manuscripts/comm.htm   (3759 words)      CATHOLIC ENCYCLOPEDIA: Property Public property is intended to serve the interests of the community at large; private property, the interests of a limited circle. The property of a community remains private as long as that community is able to exclude outsiders from participating in its enjoyment. Public property is the property of a public community, namely, the State and the Church. http://www.newadvent.org/cathen/12462a.htm   (3759 words)      CATHOLIC ENCYCLOPEDIA: Property The property of a community remains private as long as that community is able to exclude outsiders from participating in its enjoyment. Furthermore, property may be either public or private. In general, it is necessary that private property should exist, at least to a certain extent, or, in other words, the natural law demands the existence of private property. http://www.newadvent.org/cathen/12462a.htm   (4932 words)      EUROPEAN COMMUNITY v. RJR Article 282 of the Treaty establishing THE EUROPEAN COMMUNITY, THE EUROPEAN COMMUNITY possesses the most extensive legal capacity accorded to legal persons under the laws of the Member States, and it may, in particular, acquire or dispose of property and may be a party to legal proceedings. Among the legal rights of THE EUROPEAN COMMUNITY is the right to hold a legal or beneficial interest in property. Within the areas of their competency and jurisdiction, THE EUROPEAN COMMUNITY and each of the named MEMBER STATES are the legal entities with the duty and responsibility for enforcing the money and banking laws within their respective jurisdictions. http://www.tobacco.org/resources/Documents/021030ecvrjr.html   (13373 words)      CA Methods of Holding Title to Real Property Title to property owned by a husband and wife together during the marriage can be vested in both of them as community property. In this case, the title company insuring title will require the spouse to specifically disclaim or relinquish his or her right, title and interest to the property. When one of the joint tenants dies, title to the property automatically vests in the surviving joint tenant(s) by operation of law. http://www.megadox.com/docdetail.php/3423   (843 words)      The Right to Private Property [Internet Encyclopedia of Philosophy] One reason that it must be shown that the social regulative principle of a right to private property is sound and that it ought to be respected and protected in human community life is that it is a vital conceptual or logical implication of the individualist story. So the right to private property is the concrete manifestation of the possibility of responsible conduct in a community where there are lots of people who need to know what they ought to do and with what they ought to do it. Most prominent has been the claim that there should be legal protection of the right private property because this facilitates productivity--a point that's in agreement with Marx, only universalized beyond a given epoch. http://www.utm.edu/research/iep/p/property.htm   (8517 words)      Community Property Generally, community property and obligations are those acquired during marriage and prior to separation. Items commingled with community property may be the exception. They could include assets acquired after separation using community funds and obligations incurred after separation to preserve community assets. http://www.californiadivorce.info/legal.property.communitypropertygeneral.htm   (169 words)      Property, real estate, and community association managers Employment of property, real estate, and community association managers is projected to increase about as fast as average for all occupations through the year 2014. Job growth among onsite property managers in commercial real estate is expected to accompany the projected expansion of the real estate and rental and leasing industry. They must ensure that their renting and advertising practices are not discriminatory and that the property itself complies with all of the local, State, and Federal regulations and building codes. http://stats.bls.gov/oco/ocos022.htm   (2525 words)      SB1031 - 441R - I Ver - Title: property acquisition; taxes In the case of personal property granted or donated to or for the benefit of a community college district, the state board shall immediately transfer possession and ownership of the property to the designated district. IS NOT ABATED, EXTINGUISHED, DISCHARGED OR MERGED IN THE TITLE TO THE PROPERTY. The governing board may not locate a school on property that is less than one-fourth mile from agricultural land regulated pursuant to section 3-365, except that the owner of the agricultural land may agree to comply with the buffer zone requirements of section 3-365. http://www.azleg.state.az.us/legtext/44leg/1r/bills/sb1031p.htm   (4122 words)      politics.txt For with the exception of the community of women and property, he supposes everything to be the same in both states; there is to be the same education; the citizens of both are to live free from servile occupations, and there are to be common meals in both. These are only some of the disadvantages which attend the community of property; the present arrangement, if improved as it might be by good customs and laws, would be far better, and would have the advantages of both systems. That they should have nothing in common is clearly impossible, for the constitution is a community, and must at any rate have a common place- one city will be in one place, and the citizens are those who share in that one city. http://eserver.org/philosophy/aristotle/politics.txt   (4122 words)      Community Charge Home Page It was the Community Charges Registration Officer's duty to designate a property as liable for the payment of Collective Community Charge. Community Charge could be levied in one of three forms: The Sheriff Officers may exercise a number of enforcement powers to collect unpaid Community Charge: http://www.moray.org/revenues/Rev_Comm_Charge.htm   (4122 words)      Personhood, Property and Legal Competence The treatment of animals as property is illustrated in a legal case, State v. Children have rights and are not, strictly speaking, the property of their parents; they are, nevertheless, disabled under the law from full legal personhood. In the court's view, the crime of theft of property was as great an evil as the evil that LaVasseur sought to prevent-- the death of the dolphins. http://www.animal-law.org/library/ape.htm   (3172 words)      Property Division If the parties cannot agree on a division of property, then the court will divide the parties' community property "in a manner the court deems just and right, having due regard for the rights of each party and any children of the marriage". For instance, if a house is purchased before marriage but paid for during the marriage, the house is separate property, but the community estate might have a right of reimbursement for payments made during the marriage since income earned during the marriage is community property. The Court, in making a division, may consider disparity of income, education and training, health, age, fault in the breakup of the marriage, nature of the property, custody and any special needs of the children, and the parties' capabilities. http://www.houston-familylaw.com/Property.htm   (3172 words)      US CODE: Title 28,3014. Exempt property (B) any interest in property in which the debtor had, immediately before the filing of such application, an interest as a tenant by the entirety or joint tenant, or an interest in a community estate, to the extent that such interest is exempt from process under applicable nonbankruptcy law. Stay of Disposition.— Assertion of an exemption shall prevent the United States from selling or otherwise disposing of the property for which such exemption is claimed until the court determines whether the debtor has a substantial nonexempt interest in such property. Such statement shall be under oath and shall describe each item of property for which exemption is claimed, the value and the basis for such valuation, and the nature of the debtor’s ownership interest. http://straylight.law.cornell.edu/uscode/28/usc_sec_28_00003014----000-.html   (3172 words)      LLRX.com - Researching Intellectual Property Law in an International Context The intellectual property related legislation of the European Union is found in the CLEA database (http://clea.wipo.int/) under European Community. When we speak of the law of intellectual property, we are generally speaking of the law of a particular jurisdiction like the United States, France or China. This area of law has also expanded to encompass licensing, biotechnology and other legal or non-legal subject areas that are related to conceptions of property that are abstract in nature. http://www.llrx.com/features/iplaw.htm   (4869 words)      Prolegomena to a Metaphysics of Real Estate This brings forth an additional peculiarity of landed property, insofar as the relevant requirement to refrain from acting is in certain cultures substantially weakened: the rest of the community is in some cases more and in some cases less strictly required to abstain from violating the corresponding rights of owners. When land is bought, the registry of deeds presents not only who the seller bought the land from, but also how the latter acquired that property, and so on until the original granting of deeds (or some similar act or deed) is reached. Property rights are, it should be clear, the paradigmatic example of real rights, but other real rights would include rights of possession, and rights over goods securing obligations. http://ontology.buffalo.edu/smith/articles/lz.html   (4869 words)      PROTECTING PRIVATE PROPERTY RIGHTS A "noxious use of private property" is one which does not necessarily rise to the level of a public nuisance, although it has the potential to inflict injury upon the community. Any regulation of private property was prohibited unless a statement analyzing the expected economic impact on regulated property was prepared by the regulator and made available to the public prior to adoption. [27] The court held that the property rights amendment violated the single subject requirement for constitutional initiatives[28] and that its ballot title and summary were not accurate or informative. http://www.law.fsu.edu/journals/lawreview/issues/232/powell.html   (13577 words)      Family Law Division of Property The only way to avoid the equal division consequences of the community property laws is through the use of a qualifying prenuptial agreement. A business owned by one spouse before the marriage remains his or her separate property during the marriage, although a portion of it may be considered community property if the business increased in value during the marriage or both spouses worked at it. Because the specific rules in each state vary significantly and because the division of property depends on the complexity of your assets and liabilities, it is important to consult with an experienced family law attorney for assistance if you anticipate the division of property is likely to be an issue of controversy in your divorce. http://www.schmidtlawfirm.com/PCenter2.shtml?focus=topic&id=1   (13577 words)      A short visit - The Parliament of the French Community of Belgium ‑ The French‑speaking Parliament of Wallonia and Brussels. From the time of foundation of the Community assemblies (1971-1972), members of parliament were obliged to use institutional property originally intended for other uses: for example, the Parliament of the French Community used the Senate buildings. The French Community of Belgium – its bodies, jurisdictions and instruments. The Parliament of the Wallonia-Brussels French Community is the assembly which represents the French-speaking population of the regions of Wallonia and Bruxelles-Capitale. http://www.pcf.be/ROOT/traductions_site/anglais.html   (2752 words)      The Invent Blog The Patent Blog of Stephen M. Nipper: APLF: European Community Patent and Software Patentability Update Formerly "Necessity's Progeny -- Nipper's Patent Law Blog," The Invent Blog is the law blog (blawg) of registered patent attorney Stephen M. Nipper, covering news and information relevant to independent inventors, small businesses, interesting inventions, patents, trademarks, copyrights, and intellectual property law in general. European Community Patent and Software Patentability Update by Bill Heinze On May 14, 2004 from the European Union issued press release entitled "Preparation of Competitiveness Council, Brussels, 17-18 May 2004" with the following updates on the Community Patent and Software Patentability Directives.... http://nip.blogs.com/patent/2004/05/aplf_european_c.html   (254 words)      PATENT OFFICE REASSERTS ITS COMMITMENT TO THE COMMUNITY PATENT The Director of Patents at the Patent Office, Ron Marchant, reinforced the agency’s commitment to the Community Patent at Europe’s biggest intellectual property conference PATINNOVA and EPIDOS held in the UK for the first time this week. EPIDOS (European Patent Information and Documentation Systems) is organised by the European Patent Office. The PATINNOVA (Patents in Innovation) conference is organised by the European Commission. http://www.pressbox.co.uk/Detailed/2978.html   (252 words)      LLRX.com - Researching Intellectual Property Law in an International Context The European Union (or Community or EC, as it is also know) has been active in passing legislation on intellectual property. With the increases in trade, and now, with the Internet, it has become important to understand not only the law of one’s own jurisdiction, but also the law of other jurisdictions and the international conventions that regulate intellectual property by means of bilateral and multilateral commitments. There are also Community Trade Mark Courts whose decisions are reproduced in European Trademark Reports (London: Sweet and Maxwell, 1996-current). http://www.llrx.com/features/iplaw.htm   (252 words)      Why You Should Oppose UCITA Committee on Copyright and Literary Property of the Association of the Bar of the City of New York (co-sponsored by the Communications and Media Law Committee and the Entertainment Law Committee), Report on a proposal of the National Conference Of Commissioners on Uniform State Laws to adopt a proposed Uniform Computer Information Transactions Act. 20 Committee on Copyright and Literary Property of the Association of the Bar of the City of New York (co-sponsored by the Communications and Media Law Committee and the Entertainment Law Committee), Report on a proposal of the National Conference Of Commissioners on Uniform State Laws to adopt a proposed Uniform Computer Information Transactions Act. Several representatives of the software engineering community, and Ralph Nader’s representative (Todd Paglia) and I repeatedly proposed that software companies should be held accountable for defects that they knew about at the time of sale and chose not to disclose. http://www.badsoftware.com/claw2000.htm   (8329 words)      The Right to Private Property [Internet Encyclopedia of Philosophy] One reason that it must be shown that the social regulative principle of a right to private property is sound and that it ought to be respected and protected in human community life is that it is a vital conceptual or logical implication of the individualist story. So the right to private property is the concrete manifestation of the possibility of responsible conduct in a community where there are lots of people who need to know what they ought to do and with what they ought to do it. Most prominent has been the claim that there should be legal protection of the right private property because this facilitates productivity--a point that's in agreement with Marx, only universalized beyond a given epoch. http://www.iep.utm.edu/p/property.htm   (8329 words)

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