When Does Separate Property Become Community Property (or Vice Versa)?

2016 ◽  
Author(s):  
Christine Tour-Sarkissian
Keyword(s):  
Community Property ◽  
Separate Property

The Economics of Marriage

2011 ◽  
Vol 12 (Supplement) ◽  
pp. 28-41 ◽  
Author(s):  
Alessandro Cigno
Keyword(s):  
Strategic Behavior ◽  
Divorce Rate ◽  
Market Work ◽  
Community Property ◽  
Permanent Effect ◽  
Separate Property ◽  
Enhance Efficiency ◽  
The Cost ◽  
Property Regime ◽  
Future Date

AbstractIn a separate-property jurisdiction, marriage may induce domestic cooperation, and enhance efficiency in the production of children, because it may lend credibility to the prospective main earner’s promise to compensate the main childcarer at some future date, when the children will no longer be economically dependent on them. In a community-property jurisdiction, marriage will induce domestic cooperation, and enhance efficiency in the production of children, because it rules out strategic behavior. Whatever the matrimonial property regime, reducing the cost or difficulty of obtaining a divorce will have no permanent effect on the divorce rate. In separate-property jurisdiction, it will encourage marriage, and induce more married women to specialize in market work. Couples should be allowed to choose the matrimonial property regime.

scholarly journals The Rights of Each Wife in the Division of Community Property in Polygamous Marriage According to Law Number 1 Of 1974 Concerning Marriage

2019 ◽  
Vol 6 (1) ◽  
pp. 355
Author(s):  
Nurul Maulidah ◽  
Thohir Luth ◽  
Iwan Permadi ◽  
Masruchin Ruba’i
Keyword(s):  
Research Method ◽  
Legal Research ◽  
Property Ownership ◽  
Legal Norms ◽  
Polygamous Marriage ◽  
Legal Science ◽  
Community Property ◽  
Separate Property ◽  
Husband And Wife

This study aims to analyze the norms that all wives have the same rights over community property obtained since the marriage took place as the norm in Article 65 paragraph (1) letter c of Law number 1 of 1974 concerning Marriage. Therefore, this will get answers to the rights of each wife to community property in the division of community property in polygamous marriage. This research includes the type of legal research. The research method is based on the nature of legal science whose object is the norm. Legal research assesses legal norms so that it is normative. A man and woman before marriage each have complete rights to their property. After binding themselves to a marriage institution, there are norms governing their rights to property ownership. Community property in a marriage is realized by the effort of husband and wife; however, the capital can also come from separate property or gifts from each husband and wife which are manifested into property in marriage. Determination of community property in polygamous marriages is only based on marriage in which each wife can ignore the rights of another wife.

scholarly journals The Property (Relationship) Amendment Act 2001: A Conceptual Change

2008 ◽  
Vol 39 (4) ◽  
pp. 813
Author(s):  
Nicola Peart
Keyword(s):  
Conceptual Change ◽  
Conceptual Basis ◽  
Property Relationship ◽  
Property System ◽  
Community Property ◽  
Competing Demands ◽  
Separate Property ◽  
Property Regime

When the Matrimonial Property Act 1976 was introduced, Tony Angelo and Bill Atkin analysed the Act in conceptual terms and welcomed the change from a purely separate property regime to a community property system. It steered an acceptable middle course between competing demands. The Act operated as a deferred community property regime on separation, which was relatively simple and predictable for most couples. This paper analyses the changes made by the Property (Relationships) Amendment Act 2001 and concludes that it has changed the conceptual basis of the property sharing regime, but not in a coherent or principled manner. While the community property system is strenghened in some respects, it is weakened in other respects and overall it introduces an undesirable level of uncertainty and unpredictability.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

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