ISSUES OF MARITAL PROPERTY RIGHTS IN

CONFLICT OF LAWS: COMMUNITY PROPERTY V.

SEPARATE PROPERTY

BY – P VANDANA
RESEARCH PROBLEM

 Many legal issues arise when spouses reside in one jurisdiction and
their property is located in another, concerning different legal
systems. The conflicts between separate property regimes and
community property regimes are ongoing to determine which
country’s law would be followed to ascertain marital property
rights. There’s a need to form clear legal framework to avoid such
conflicts.
RESEARCH QUESTIONS

 What are the issues that arise between community and separate
property regime when dealing with marital property rights?
 How can the issues between community and separate property
regime be solved?
RESEARCH OBEJECTIVES

 To discuss the issues arising in marital property rights when two

different regimes are involved.
 To suggest possible solutions to the arising issues between such
regimes.
COMMUNITY PROPERTY

 In Community Property regime, the property is jointly owned by

both spouses.
 They have equal and undivided interest in the property.
 Both spouses have equal right to manage and control the property.
SEPARATE PROPERTY

 Property acquired before marriage and property acquired after

marriage is the separate property of spouses.
 They can separately use their property.
 One spouse has no claim over the other.
Snyder v. Stringer (1921) Matrimonial
Domicile
 An automobile had been purchased with that had been earned in
Iowa and Montana, separate property states.
 The Supreme Court of Washington while applying the domiciliary
rule held that the property so acquired was community
 The parties’ domicile was in Washington which was a community
property state.
Smith v. McAtee (1867) Law of Situs

 The proceeds of reality common property of sposes, paying

husband’s debts
 Under the law of Illinois the proceeds would become the property of
the husband,
 But in Maryland it was, according to the court, "protected from the
debts of the husband, and not in any way liable for the payment
thereof”.
 It was held that the funds was immune from the husband’s creditors
and the wife had the right for sole use.
Solutions

 Choice of law agreements

 Equitable Distributions
 Proper Property Division
 Balance of Convenience
 Outside court settlements