If my spouse dies and we are married in separate property.
In practical terms it means that all assets and debts acquired during the marriage belong to both spouses in equal parts. This economic regime is automatically born when two people get married without capitulations, whether the marriage is between heterosexual or homosexual couples. This is so even if the couple does not agree on it.
Here we include a list of some examples of assets that are community property. That is, these are divided and divided in half at the time of divorce. Note that it also includes debts and liabilities.
The spouse has the right to the inheritance of her husband.
Now that we have made this point, let us address this very important issue in the management of an inheritance: to whom do the assets received by inheritance pass when married in community of property regime?
The goods and amounts received by inheritance have a privative character, so they will be of exclusive ownership of the person who receives them, even if he/she is married in community of property regime. This consideration is also applicable to the goods that are received by donation. Thus, the transmission of a house or a donation from parents to a married child would be privative of the spouse who inherits.
As we have seen up to now, what is received by inheritance has a privative character for the person who inherits it, unless in the will the testator expressly provides that the assets are received by the married couple or includes other persons as beneficiaries.
The benefits that such assets could generate do have a community property character, so that in the event of a liquidation of the community property, each spouse would be entitled to 50% of such benefits. This is established in articles 1346 and 1347 of the Civil Code: the fruits, rents or interests that produce both the private and the community property are community property.
New law for mistresses 2020
ACTION FOR REVOCATION OF ANTENUPTIAL AND INTERSPOUSAL GIFTS. ARTICLES 228 AND 233 OF THE CIVIL CODE FOR THE FEDERAL DISTRICT, APPLICABLE TO MEXICO CITY, ESTABLISH THE ASSUMPTIONS FOR ITS PROCEEDING, WHICH MUST BE GENERATED DURING THE MARRIAGE, AND THEY DO NOT ESTABLISH A TERM FOR THE EXERCISE OF SUCH ACTION. Location: [TA]; Eleventh Epoch; 1st Chamber; Judicial Weekly of the Federation; 1a. XL/2021 (10a.); Publication: Friday, September 17, 2021.
REDUCTION OF ALIMONY. FORM OF RESOLVING THE RELATIVE ACTION WHEN IT IS BASED ON THE BIRTH OF NEW CHILDREN OF THE SUPPORT DEBTOR. Location: [J]; Eleventh Epoch; 1st Chamber; Semanario Judicial de la Federación; 1a./J 8/2021 (11a.); September 10, 2021.
NONCOMPLIANCE WITH MAINTENANCE OBLIGATIONS. THE FACTS FOR WHICH THE CRIMINAL PROCEEDING MUST BE FOLLOWED FOR THE COMMISSION OF THIS CRIME MUST BE THOSE FOR WHICH THE CRIMINAL ACTION IS EXERCISED AND WHICH ARE SPECIFIED IN THE ORDER OF FORMAL IMPRISONMENT. Location: [J]; Eleventh Epoch; 1st Chamber; Semanario Judicial de la Federación; 1a./J 22/2021 (10a.); August 13, 2021.
What is due to the wife in a divorce 2021
You and your spouse may also have joint debts, such as a mortgage, a car loan, credit card debt, and personal loans. Debts for which you are both responsible are called marital debts.
If you and your spouse cannot agree on how to divide your property, the judge will decide. Michigan law requires judges to divide property fairly. In general, “fair” means that each person gets about half of everything. But, in some cases, a judge may decide that it is fair to divide marital property in another way.
Your property may be divided in unequal shares if one person is more at fault in the divorce or if one person needs more property. Sometimes a person receives more marital property but is also responsible for more of the marital debts.
Most of the property that you or your spouse got or earned during your marriage is marital property. It does not matter whose name the title or deed is in. It is still marital property unless it was a gift or an inheritance. Marital property is owned by both of you. Marital property is divided in your divorce. Things that are not marital property are called separate property.