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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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Chapters cover contrasts between the estates of persons in community-property jurisdictions and those in common-law states, and restraints on the transfer of wealth.
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.
Under present law, separate property of one spouse receives similar treatment in common-law states and community property states.
 
 
 
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