Dividing the Property of Spouses Who Lived in Both Common Law and Community Property States
(Partner, Husch Blackwell Sanders LLP) has published his article entitled Property Division at Divorce or Death for Married Couples Migrating Between Common Law and Community Property States, 35 Am. C. of Trust & Estate Counsel 74 (Summer 2009). The editor’s synopsis of the article is below:
This article identifies and explores the property disposition issues that can arise upon dissolution of marriage of a spouse when a married couple has resided in more than one state. As explained in the article, particularly difficult problems may exist when the couple has migrated from a common law state to a community property state or vice versa. Accompanying the article are Appendix A and Appendix B which illustrate how property acquired in a common law jurisdiction will be disposed of in each of the community property states upon divorce or death of a spouse.