What is the difference between being married in community of property and being married out of community of property?

In community of property:
Everything a husband and wife had before they were married becomes part of the joint estate. Everything earned or bought once married also becomes part of the joint estate. Each partner owns half of the joint estate. If one partner has a debt, money from the joint estate can be used to pay this debt. Both partners must agree to sell, give away or borrow money or property. Both partners must agree if they want to take out a large loan. If the couple divorce or if one partner dies, the property will be divided in half.

 

Out of community of property:
Everything a husband and wife had before they were married remains their own. Once they are married they keep their own earnings. They are each responsible for their own loans and debts. The husband or the wife can buy or sell their belongings without asking the other person. They can each take out a loan without asking the other person. However, not all costs are separate. The cost of household needs should be shared because a husband and a wife have a duty to maintain each other. If a couple want a divorce, they each keep their own property and anything they bought together is divided in half. If one partner dies, it is only that partner’s separate property which goes to the heirs.

 

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