Editing Community property (section)

==Jurisdictions==
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===Custom of Paris in New France===
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=== Russia ===
In Russia, community property was introduced by the [[Soviet]] government in 1926. Prior to that, laws evolved by the late 18th century dictated [[separate property]] regime, so a married woman was (at least in theory) in full charge of her property, including the [[dowry]] and whatever she acquired personally during the marriage. The new Soviet system replaced this with a limited form of community property, namely '''community of acquisitions''', and it survives to the present day. The only significant change, made in 1995, was the introduction of [[Prenuptial agreement|marital agreement]] which didn't exist under the Soviet law. Such an agreement may be signed at any time before or after conclusion of the marriage. It may regulate the spouses' rights on a basis entirely alien to the statutory regime, but shouldn't put any of them (especially one who cannot provide for themselves) into a clearly unfavorable position.<ref>{{cite web |url=http://ceflonline.net/wp-content/uploads/Russia-Property.pdf |author=Prof. Masha Antokolskaia |title=Property relationship between spouses — Russia |publisher=CEFL Online |year=2008 |access-date=24 September 2022}}</ref>

===South Africa===
{{main|Marriage in South Africa#Financial consequences}}
In South Africa, if a couple does not sign an antenuptial contract, before a [[notary public]], which is subsequently registered at a [[deeds registry|deeds office]], prior to marriage, they are married in community of property, which means that all of their assets and liabilities (even those acquired before the marriage) are merged into a joint estate during their marriage, in which each spouse has an undivided half-share. Each spouse has equal power to deal independently with the estate, except that certain major transactions require the consent of both spouses.<ref name=lssa>{{cite web |url=http://www.lssa.org.za/upload/LSSA%20Marraige%20The%20Legal%20Aspects.pdf |title=Marriage: the legal aspects |publisher=Law Society of South Africa |year=2011 |access-date=2 February 2013 |archive-url=https://web.archive.org/web/20121114203546/http://www.lssa.org.za/upload/LSSA%20Marraige%20The%20Legal%20Aspects.pdf |archive-date=14 November 2012 |url-status=dead }}</ref> One of the consequences of community of property in South Africa is that if one spouse is declared insolvent (bankrupt) during the marriage, the other also becomes insolvent, a potentially devastating consequence.<ref>{{cite web | url=http://www.polity.org.za/article/getting-married-in-community-of-property-your-rights-and-liabilities-2018-09-07 | title=Getting Married in Community of Property – Your Rights and Liabilities }}</ref>

===United States===
{{main|Community property in the United States}}
[[File:Community property states.svg|thumb|Map of the United States with community property states in red. Additionally, [[Alaska]], [[Florida]], [[Kentucky]], and [[Tennessee]] are elective community property states, and of the five inhabited US territories, [[Puerto Rico]] and [[Guam]] are community property jurisdictions.]]

The United States has nine community property states: [[Arizona]], [[California]], [[Idaho]], [[Louisiana]], [[Nevada]], [[New Mexico]], [[Texas]], [[Washington (state)|Washington]], and [[Wisconsin]].<ref name="auto">{{Cite web |url=https://www.irs.gov/irm/part25/irm_25-018-001.html |title=Internal Revenue Manual – 25.18.1 Basic Principles of Community Property Law |website=www.irs.gov |access-date=2016-08-05}}</ref> Four other states have adopted optional community property systems. [[Alaska]] allows spouses to create community property by entering into a community property agreement or by creating a community property trust.<ref>See Alaska Stat. §§&nbsp;34.77.020 – 34.77.995</ref> In 2010, [[Tennessee]] adopted a law similar to Alaska's and allows residents and non-residents to opt into community property through a community property trust.<ref>{{cite web |url=https://www.wyattfirm.com/uploads/1057/doc/EP_News_and_Update_Community_Property.pdf |title=Community Property Joint Revocable Trust |publisher=Wyatt Tarrant & Combs|first1=A. Stephen |last1=McDaniel |first2=C. Michael |last2=Adams Jr}}</ref> More recently, [[Kentucky]] adopted an optional community property system in 2020, allowing residents and non-residents to establish community property trusts.<ref>[[Kentucky Revised Statutes]] §§&nbsp;[https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49988 386.620], [https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49989 622], [https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49990 624].</ref> Finally, in 2021 Florida adopted a similar law, allowing citizens and noncitizens to establish community property trusts.<ref>{{cite web |url=https://ptmlegal.com/blog/everything-you-need-to-know-about-floridas-community-property-trust-act |title=Everything You Need to Know About Florida's Community Property Trust Act |publisher=PTM Trust and Estate Law|first1=Blakely |last1=Moore}}</ref> The commonwealth of [[Puerto Rico]] allows property to be owned as community property also<ref name="auto"/> as do several Native American jurisdictions.

Division of community property may take place by item by splitting all items or by values. In some jurisdictions, such as [[California]], a 50/50 division of community property is strictly mandated by statute<ref>See [https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=7.&part=2.&lawCode=FAM California Family Code section 2550].</ref> so the focus then shifts to whether particular items are to be classified as community or separate property. In other jurisdictions, such as [[Texas]], a divorce court may decree an "[[equitable distribution]]" of community property, which may result in an ''unequal division'' of such. In non-community property states property may be divided by equitable distribution. Generally speaking, the property that each partner brings into the marriage or receives by gift, bequest or devise during marriage is called '''separate property''' (not community property). See [[division of property]]. Division of community debts may not be the same as division of community property. For example, in California, community property is required to be divided "equally" while community debt is required to be divided "equitably".<ref>See ''In re Marriage of Eastis'', [http://online.ceb.com/CalCases/CA3/47CA3d459.htm 47 Cal. App. 3d 459] (1975).</ref>