Along with nine other states, California is a community property state. Spouses are entitled to one-half of the marital assets when they split up. With a few exceptions, the property (and debts) you obtain while you’re married belong to both spouses equally.
Does Canada have community property laws?
Generally, a Canadian in California working on a temporary visa is probably domiciled in Canada. As such, income earned in California is not community property. Conversely, a Canadian who obtains a green card and moves to California is very likely to be subject to community property rules.
Is there a way for Canadians to own US real estate?
Canadian Corporations – Some Canadians own U.S. real estate through a Canadian corporation. Again, this structure has pros and cons that need to be understood and analyzed. Personal Ownership – There are a number of options for Canadians to own U.S. property personally, with each option having its own pros and cons: In your name alone
Can a spouse claim 100% of community property?
So, the Probate Code allows a spouse to file a Spousal Property Petition and claim 100% of the community property by a simplified method which skips probate. We can help spouses file a spousal property petition, and our attorneys also represent children or grandchildren in opposing spousal property petitions when the property is not all community.
Can a domestic partner be a beneficiary in California?
Inheritance rights of a California Registered Domestic Partner are the same as a spouse. Even though beneficiary law is not exactly the same as inheritance law, there are some important inheritance regulations that are affected by beneficiary laws in California. What are the sources of California’s beneficiary laws?
Can a spouse be the beneficiary of a pension plan in California?
There are some types of accounts that under Federal ERISA law must pass to a spouse, and which require a spouse’s permission for beneficiary changes. These are mostly ERISA pension plans and are treated under Federal law and not California law. There are also intestate succession rules favoring a spouse, as well as an elective share of a spouse.
