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Property Ownership Laws

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To plan your estate sensibly, you need to estimate its value. Use the Calculating The Value Of Your Estate work sheet to help you do this. Before you complete the work sheet, you will need to know some basic rules governing property ownership. This way you will be certain of including only property you actually own.

The laws of the state where you maintain legal residence determine what you own. Property ownership rules are very similar from state to state, with the major exception concerning how property is owned by married couples. Most states are called “common law” states, where the property is owned by the spouse whose name appears in the ownership document. In “community property” states spouses typically share ownership of most property acquired during marriage — regardless of how an asset is titled. However, this rule excludes property owned before marriage or through inheritances or gifts received during the marriage. There are many considerations in defining property ownership in a community property state, some of which are listed below.

  • Where is the property located?

  • Who was the original purchaser?

  • Was the original purchaser married at the time of purchase?

  • Who manages the property?

  • Was there a divorce involved?

  • How was the property acquired (for example, purchased item or gift)?
When completing Part 1 of the work sheet, keep in mind which ownership laws pertain to you. If you live in a community property state or are confused about property ownership, consult with an attorney.

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