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How can the spouses determine what portion of the present value is community property? The best way is to agree on a division they decide is fair, and put this understanding in writing. If you can’t do this on your own, see a lawyer. Resolving this issue is especially important if either of the spouses plan to leave a substantial interest in the house to someone other than the other spouse. Businesses. Family-owned businesses can create difficult problems, especially if the business was owned in whole or part before marriage by one spouse.

But here too, there’s usually no significant problem with marital ownership laws. A spouse isn’t likely to object to a few items of property being left to others by the other spouse, no matter what the legal rights are. So a daughter or son gets, say, some photos or antiques from a deceased spouse, when the surviving spouse legally owns half that property. It’s surely rare that the surviving spouse insists on his or her legal rights and pulls back half the gift. Attitudes and the applicable law can change drastically if a spouse wants to leave the other little or no property.

In any common law state, you won’t have any problem if you leave half or more of your property to your spouse. That is the reason for the rule in this book: LEAVE YOUR SPOUSE AT LEAST HALF YOUR PROPERTY. If you want to learn the precise SPECIAL PROPERTY RULES FOR MARRIED PEOPLE rules for your state, say, to see if you could safely leave your spouse one-third instead of one-half of your property, see a lawyer. In most states, a spouse can agree to give up (waive) the right to claim a share of the other spouse’s estate.

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Distributive Justice in Firms

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