Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Monday, December 12, 2011

Goldberg: "Opting In, Opting Out: Autonomy in the Community Property States"

Charlotte Goldberg (Loyola LA) has posted "Opting In, Opting Out:  Autonomy in the Community Property States" (72 La. L. Rev. 1 (2011)) on SSRN.  Here is the 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 communityproperty 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.


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