Two systems of marital property
- Separate properties and
- Community property
Separate properties : Separate property belongs only to one spouse. There are some differences in how separate property is defined in different states, but the same general rules apply. The most common forms of separate property are:
- property one spouse owned before the marriage
- gifts received by one spouse before or during the marriage
- property acquired during the marriage in one spouse's name and never used for the benefit of the other spouse or the marriage
- inheritances received before or during the marriage
- property that the spouses agree in writing is separate, as long as the writing meets your state's standards for that type of agreement (called either a transmutation agreement or a postnuptial agreement)
- property acquired by one spouse using separate property assets with the intention of keeping it separate, and
- certain personal injury awards (in general, the portion of the award that repays you for lost earnings is marital property, while any award for pain and suffering is separate).
Community property If you live in a community property state, the rules are more complicated. But in general:spouses own equally almost all property either one acquires during the marriage, regardless of whose name the property is in half of each spouse's income is owned by the other spouse during the marriage, and debts incurred during marriage are generally debts of the couple.
In community property states, the following is separate property:
- gifts given to one spouse
- property either spouse owned before the marriage and kept separate during the marriage, and inheritances.
Law 101
- What is the uniform anatomical gift act?
- What is assisted suicide and what states in the U.S. allow it?
- According to the lecture what are the psychological aspects of dying?
- What is increased when medication dosages are increased due to increased suffering?
- With regards to suffering in dying medications are given for?
- What is the patient self determination act?
- How many states have legislations allowing decisions about death such as living wills and advanced directives?
- What is a durable power of attorney for health care?
- What are the roles of the healthcare provider when dealing with controversial topics?
- What are the 5 considerations as to when life begins?
- What are the ethical issues surrounding sterilization?
- What are the guidelines for collection?
- According to the truth in lending act where should copies of the agreement between the doctor and the patient be kept?
- Who owns the information in the medical record?
- Written consent must be obtained before putting any client information on the net.
- The medical record is:
- The PIE method of charting includes:
- How is the problem identified in a POMR?
- A problem oriented medical record is based on?
- What is the purpose of medical records?
- How long should the office keep anything that has to do with dealings of medicare?
- The final rule proposed by DHHS includes:
- What did HIPAA establish?
- True or false: it is permissible to give appointment information over the phone to anyone other than the patient.
- What are consents?