Does the word "property" encompass every property right acquired by either husband or wife during marriage?

California, United States of America


The following excerpt is from Marriage of Lorenz, In re, 146 Cal.App.3d 464, 194 Cal.Rptr. 237 (Cal. App. 1983):

"It is well established that the word 'property', as used in the statutes relating to community property, does not encompass every property right acquired by either husband or wife during marriage, ..." (In re Marriage of Aufmuth (1979) 89 Cal.App.3d 446, 461, 152 Cal.Rptr. 668. Rather, it is implicit in the scheme of community property laws that property have certain attributes--that it be susceptible of ownership in common, of transfer, and of survival. (Franklin v. Franklin (1945) 67 Cal.App.2d 717, 725, 155 P.2d 637.)

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