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Community Property

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

Property acquired during the existence of the matrimonial relation, which in some states (Louisiana, Texas, New Mexico, Arizona, California, Idaho, and Washington) belongs equally to the spouses. The doctrine is of Spanish origin. See Schmidt, Civ. Law, p.

28; White, New Recop. p. 60.

The husband, as head of the community (q. v.), has control of the property during the existence of the marriage relation (101 Cal. 563; 3 Wash. 592); but on dissolution of the community by death or divorce, it is divided equally between the parties (63 Cal. 77); the testamentary power of the deceased spouse being limited to the testator's moiety.

18 Cal. 291.