Marital Property

Question 1

Common Law system of Separate Property

Answer 1

classified into 3 categories
Rights during marriage
Rights upon divorce
Rights at death

Question 2

During Marriage (Common law)

Answer 2

each spouse has control over their own property

Question 3

Upon Divorce (Common law)

Answer 3

spouses keep property that they have title on;

tenancy by entirety is severed and is now a tenancy in common

Question 4

Equitable distribution (common law)

Answer 4

Newly held doctrine that says property is divided by the court, in its discretion, on equitable principles

Question 5

Upon Death (common law)

Answer 5

surviving wife received a dower- 1/3 of land
surviving husband received a curtsey- all land
Modern view-statutory elective share of property (fraction)

Question 6

Community Property System

Answer 6

earnings of each spouse during marriage is owned equally; divorce requires an equitable division of property in court