Quasi community property is property acquired by either spouse in a non-community property state that would have been community property had the couple been domiciled in a community property state. Quasi community property is a legal fiction created by the courts of community property states to facilitate division of assets acquired out-of-state. Quasi community property exists only when the marriage comes to an end through death or divorce.
During marriage, quasi community property is treated as the separate property of the acquiring spouse, so long as the acquiring spouse treats it as separate property.
In divorce proceedings quasi community property is treated just as if it were community property. Quasi community property is divided 50/50 between the spouses.
Division of quasi community property depends on which spouse dies first:
Although highly controversial, in most community property states quasi community property is treated as community property. So creditors of the non-acquiring spouse have access to the acquiring spouse's assets during marriage.
The laws of community property states can be very complicated and confusing. An experienced real estate lawyer can help you determine how the law affects your property. A family attorney can also represent you in court if a dispute arises.
Last Modified: 07-23-2018 08:12 PM PDTLaw Library Disclaimer
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