Common-Law State

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Common-Law State

A state in which the laws governing property rights are based on British common law. The property and income of each spouse belongs to him or her separately.

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Thus, from 1930 until 1948, when Congress authorized the now-familiar joint tax return, the tax liability of a married couple in a community property state differed significantly from that of a married couple in a common-law state whenever only one spouse had taxable income.

Tax filing status--are joint tax returns always best? by Thompson, Steven C.; Serrett, Randall K. / The National Public Accountant

Under present law, separate property of one spouse receives similar treatment in common-law states and community property states.

Pres. Clinton's proposal to repeal sec. 1014(b)(6) is unfair by Josephs, Stuart R. / The Tax Adviser

Most of the Supreme Court justices of antebellum Louisiana were trained in common-law states, but Louisiana slave law continued to be influenced by formal codes inherited from the French and Spanish colonial periods.

Slavery, the Civil Law, and the Supreme Court of Louisiana by Hall, Gwendolyn Midlo / African American Review

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