Legal Question in Real Estate Law in California

''Community Property''

Should the saws of community property states extend to those who live in another state but own property in a community state?


Asked on 12/08/06, 10:40 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: ''Community Property''

It isn't so much an issue of the law affecting the people as one of the law affecting the property. If a house is situated in California, the question of how it is owned will be answered with reference to the laws of California.

The U.S. Constitution requires the courts of each state to recognize and apply the laws of each other state.

If a married couple purchases a house in California and takes title as community property (they have other choices, of course), then they (or one of them) subsequently move(s) to Pennsylvania, the house remains community property and Pennsylvania courts should apply California community-property law in awarding the house in a divorce or probate proceeding.

A somewhat but not completely analogous situation is that Pennsylvania citizens must obey Califonia speed limits. It's the location of the highway and not the citizenship of the driver that determines applicable law.

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Answered on 12/09/06, 1:39 pm


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