Law School

Property law: Types - Personal property & Community property


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Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law systems, personal property is often called movable property or movables – any property that can be moved from one location to another.

Personal property can be understood in comparison to real estate, immovable property or real property (such as land and buildings).

Movable property on land (larger livestock, for example) was not automatically sold with the land, it was "personal" to the owner and moved with the owner.

The word cattle is the Old Norman variant of Old French chatel, chattel (derived from Latin capitalis, “of the head”), which was once synonymous with general movable personal property. 

Community property (United States) also called Community of Property (South Africa) is a marital property regime that originated in civil law jurisdictions but is now also found in some common law jurisdictions. Community of property regimes can be found in countries around the world including Sweden, Germany, Italy, France, South Africa, and parts of the United States.

Under community property regimes, depending on the jurisdiction, property owned by one spouse before marriage, and gifts and inheritances received during marriage, are treated as that spouse's separate property in the event of divorce. All other property acquired during the marriage is treated as community property and is subject to division between the spouses in the event of divorce. In some cases, separate property can be "transmuted" into community property or be included in the marital estate for reasons of equity.

Community of Acquests and Gains: Each spouse owns an undivided half-interest in all property acquired during the marriage, except for property acquired by gift or inheritance during the marriage, which is separate property; or which traces to separate property acquired before the marriage, which remains separate property; or which is acquired during a period when the couple are permanently living separately and apart (for example, legal separation, actual, or de facto), which is also separate property. This genre of community property is also called "ganancial community property." 

Community of Profit and Loss: similar to above but liabilities ("losses") are separate property. 


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