Imaginary Fate in the Origin of the Community Property Sharing Principle

Posted: 15 Feb 2017 Last revised: 13 Mar 2017

See all articles by Jo J. Carrillo

Jo J. Carrillo

UC, Hastings College of the Law

Date Written: February 14, 2017

Abstract

The sharing principle is a civil law idea. In its ancient expression, the sharing principle is the idea that a married woman could earn and own property during marriage independently of a husband.

My paper locates and discusses the community property sharing principle as a third century family practice that was brought out of Nordic tribal history by the Visigoths to the Iberian Peninsula. Eventually, the sharing principle would be incorporated into the law of early modern Spain, later to be implemented in North America during Spain's colonial era; and today, the sharing principle (in gender neutral form) is the living law of nine U.S. community property states and multiple countries.

I post here to create a citation for this paper for a previous article. A working draft is available from me upon request.

Keywords: Community Property, Sharing in Marriage, Property Ownership in Marriage, Roman Law, Visigoth Law, Icelandic Sagas, Spanish Law, Spanish Colonial Era

Suggested Citation

Carrillo, Jo J., Imaginary Fate in the Origin of the Community Property Sharing Principle (February 14, 2017). Available at SSRN: https://ssrn.com/abstract=2916737

Jo J. Carrillo (Contact Author)

UC, Hastings College of the Law ( email )

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