"Common Law Property" State? Prenuptial Agreement? Probate Procedure?
Respectfully, as you may know, depending on several other specific factors, "common law property" principles may or may not apply to a given married couple.
For example a couple who executed a prenuptial agreement w provisions varying from "common law property" principles which would otherwise apply, to a divorcing couple or to probate, inheritances, or other distributions of a husbands or wife's estate.
After an earlier post* said: "...I'm guessing the prenup stated that she would lose everything granted to her if the marriage ended in divorce..." I asked if anyone had further info about the (presumed?) prenup or the lawsuit re "control of the estate."
I've not yet seen links to a Petition or other court-filed doc's for either lawsuit referenced in MSM:** probate proceedings or "separate legal action."
Anyone?
______________________________
* UT - Kouri Richins, 33, Author, wife, mom, charged in husband’s “unexpected” death last year, May 2023
** Kouri Richins had 'financial motive' to kill her husband, says Eric's family.
@arielilane Thanks for your post w ^ info, speaking to how "common law property" works as a general rule.
Utah UT community property and common law resources
Utah community property laws, including how to determine if Utah is a community property state or is under common law. Our resources include community property states FAQs and resources.communitypropertystates.comUtah property laws
Utah is a "common law" state (not a "community property" state), which means that each spouse is a separate individual with separate legal and property rights. Thus, as a general rule, each spouse owns and is taxed upon the income that he or she earns. Common law is the dominant property system in the United States.[1]
Last sentence BBM
What states are considered "Common Law Property States"?
Most states are common law property states. So, what does it mean to live in a common law property state and who owns what after a divorce? The term "common law" is simply a term used to determine the ownership of marital property (property acquired during marriage). The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. Of course, if the title or deed to a piece of property is put in the names of both spouses, however, then that property would belong to both spouses. If both spouses' names are on the title, each owns a one-half interest.[3]
Respectfully, as you may know, depending on several other specific factors, "common law property" principles may or may not apply to a given married couple.
For example a couple who executed a prenuptial agreement w provisions varying from "common law property" principles which would otherwise apply, to a divorcing couple or to probate, inheritances, or other distributions of a husbands or wife's estate.
After an earlier post* said: "...I'm guessing the prenup stated that she would lose everything granted to her if the marriage ended in divorce..." I asked if anyone had further info about the (presumed?) prenup or the lawsuit re "control of the estate."
I've not yet seen links to a Petition or other court-filed doc's for either lawsuit referenced in MSM:** probate proceedings or "separate legal action."
Anyone?
______________________________
* UT - Kouri Richins, 33, Author, wife, mom, charged in husband’s “unexpected” death last year, May 2023
** Kouri Richins had 'financial motive' to kill her husband, says Eric's family.