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Opting in, Opting Out: Autonomy in the Community Property States

20 Pages Posted: 25 Nov 2011  

Charlotte K. Goldberg

Loyola Law School Los Angeles

Date Written: November 22, 2011

Abstract

This article examines how couples in community property states attempt to opt out of the “sharing” concept that is the hallmark of community property law. The discussion begins with why couples in community property states may want to opt out. Then the discussion explains how couples try to accomplish opting out of the community property system by formal and informal methods, some successful and others not so successful. The methods used before and during marriage and after separation are examined. The main focus is on the California, Louisiana, and Washington community property law.

Suggested Citation

Goldberg, Charlotte K., Opting in, Opting Out: Autonomy in the Community Property States (November 22, 2011). Louisiana Law Review, Vol. 72, No. 1, 2011; Loyola-LA Legal Studies Paper No. 2011-40. Available at SSRN: https://ssrn.com/abstract=1963565

Charlotte K. Goldberg (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States

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