[Frank Ettin]

Originally Posted by Plumbnut

...When your married all property is considered joint owned if acquired after the marriage. Also after a period of time,I think 10 years even property before the marriage becomes joint owned. Unless a prenuptial agreement was in place. I guess it varies by state possibly...

Wrong!

1. Yes, it does indeed vary considerably by State.
   
   
2. Marital property is automatically joint property only in States that have adopted a community property system of marital property. There are only nine such States.
   
   
3. Even in community property States not all property acquired after marriage is community property. All such States recognize exceptions such as property acquired by gift or bequest. In addition, spouses in community property States may agree that certain property acquired after marriage will be the separate property of one or the other, and such an agreement may be shown by conduct.
   
   
4. All other States use some variation of a common law marital property law system. In such system property acquired by either spouse during marriage remains his or her separate property unless they have in some way demonstrated an intent to treat the property as joint.
   
   
5. This is irrelevant anyway.
   
   
   1. The legal issue revolves around possession and access, not ownership.
      
      
   2. For example, in U.S. v. Casterline, 103 F.3d 76 (C.A.9 (Or.), 1996), the 9th Circuit set aside a conviction for being a felon in possession of a gun, because the conviction was based solely on evidence of ownership, but under the circumstances the defendant did not have access to or possession of the gun and ammunition.