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(i)Few states still recognize it; dower is applied to both spouses. (b) Ex: if husband received joint tenancy interest in orange-acre, the wife’s dowerrights would not attach(i)Interest not inheritable by issue because of right of survivorship.(3) Curtsey- husband right, if survived the wife, to life estate in all of freehold lands.(a)Couple needs a child in order for this concept to apply. (4)Married Women’s Property Acts (removed coverture) (a)Married women (single) retained control over all property during marriage(b) Married woman could receive, hold, manage, and dispose of real and personalproperty in same manner if single26
Property I Law- Merged Outline(c)Property immune from her husband’s debts(d) Retained all her earnings outside home BUT husband owed wife support and Wife owed husband domestic servicesii)Separate Property System- Majority approach in US(1) Views husband and wife as separate entities with separate property. (2) Ownership of property belongs to spouse who acquires the property.(3) During marriage: (a)Property owned individually by the spouse who acquires it(b) Ownership: each spouse owns:(i)All assets he/she brought into marriage(ii) All personal earning during marriage(iii)All property purchases from those earnings(c)Creditors: creditors can only attach property of spouse who entered into agreement with creditor(i)Not applied if spouses hold property jointly or one spouse gives a gift to other spouse(4) Upon divorce(a)Majority- requires equitable distribution of property acquired with earnings of either spouse during marriage(i)Multiple factors to determine what is fair under circumstances(5) Upon death(a)Majority- surviving spouse receives a forced share or elective share of decedent’s estate(i)Survivor may either a) take under the decedents will; or b) receive a defined portion of the decedent’s estate, usually 1/3 or ½. (b) Problem of bitter spouse- prevent other from receiving anything(i)Generally, no! Today, many states prevent a decedent from effectively disinheriting the surviving spouse by including value of property given away to others in total value of estate. iii) Community Property System- Minority Approach in US (1) Views husband and wife as martial partnership (community) that shares their property obtained during the marriage equally.(a)Property- but whatever person bring into the marriage or receives individuallythrough gifts or inheritances remains theirs (UNLESS YOU AGREE TO IT- Transmutation)(b) BUT property earned or acquired during marriage is co-owned by both parties, regardless of who earned it or whose name is on the title(2) During marriage(a)Each spouse equally owns(i)All earnings; all assets regardless of name on title; undivided share (cannot transfer to a third party); neither spouse has right of survivorship in community property(b) Property acquired before marriage or after marriage by gift or inheritance (targeted to one person) remains separate property of spouse who received property.