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Property Law and Real Estate

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Marital property

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Full-Text Articles in Law

The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter Jan 2015

The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter

Journal Articles

The article focuses on the equal management laws in the community property reform for the well-being and future prosperity of the family. Topics discussed include separate property regime and the community property regime in the U.S., examines the history of the reform era and argues that equality was not the primary goal of the legal reform and examines how spouses actually managed their money in the pre-1970s era.


In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly Jan 2008

In Good Times And In Debt: The Evolution Of Marital Agency And The Meaning Of Marriage, Marie T. Reilly

Journal Articles

A married person sometimes acts solely for herself and at other times on behalf of her spouse. If she incurs debt solely for herself, then only she is liable to the creditor. If, however, she incurs debt both for herself and on behalf of her spouse, both are liable – the debtor directly and the spouse indirectly by imputed liability. Before married women’s property reform, imputed marital liability followed from marital status. As marriage changed to recognize the legal individuality of both spouses, so too did the scope of a spouse’s imputed liability for the debts of the other spouse. …