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Community property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions. The states of the United States that recognize community property are primarily in the West; it was inherited from Mexico's ganancial community system,〔The half-borrowed term ''ganancial'' (from Spanish ''sociedad de gananciales'') was used in some early U.S. community property opinions, such as ''Stramler v. Coe'', 15 Tex. 211, 215 (1855); it has been used occasionally in some more recent opinions such as ''Hisquierdo v. Hisquierdo'', .〕 which itself was inherited from Spanish law (a Roman-derived civil law system) and ultimately from the Visigothic Code.〔Jean A. Stuntz, (''Hers, His, and Theirs: Community Property Law in Spain and Early Texas,'' ) (Lubbock, Texas: Texas Tech University Press, 2005), 1-31. This source explains at length the Visigoths' legal protections for the property rights of married women and how later legal systems on the Iberian peninsula continued such rights.〕 While under Spanish rule, Louisiana adopted the ganancial community system of acquests and gains, which replaced the traditional French community of movables and acquests in its civil law system.〔The author of the Louisiana Code was Moreau Lislet; see Hans W. Baade, "Transplants of Laws and of Lawyers", (), retrieved 3 Dec. 2010 <()>.〕 In a community property jurisdiction, most property acquired during the marriage (except for gifts or inheritances)—the ''community'', or ''communio bonorum''—is owned jointly by both spouses and is divided upon divorce, annulment, or death. Joint ownership is automatically presumed by law in the absence of specific evidence that would point to a contrary conclusion for a particular piece of property.〔''See v. See'', (64 Cal. 2d 778 ) (1966). Chief Justice Roger J. Traynor of the Supreme Court of California wrote: "If funds used for acquisitions during marriage cannot otherwise be traced to their source and the husband who has commingled property is unable to establish that there was a deficit in the community accounts when the assets were purchased, the presumption controls that property acquired by purchase during marriage is community property. The husband may protect his separate property by not commingling community and separate assets and income. Once he commingles, he assumes the burden of keeping records adequate to establish the balance of community income and expenditures at the time an asset is acquired with commingled property." The See family, of course, was the family that founded See's Candies, a major manufacturer and retailer of candy on the West Coast of the United States.〕 Division of community property may take place by item, by splitting all items or by values. In some jurisdictions, such as California, a 50/50 division of community property is strictly mandated by statute,〔See (California Family Code section 2550 ).〕 meaning that the focus then shifts to whether particular items are to be classified as community or separate property. In other jurisdictions, such as Texas, a divorce court may decree an "equitable distribution" of community property, which may result in an ''unequal division'' of such. In non-community property states property may be divided by equitable distribution. Generally speaking, the property that each partner brings into the marriage or receives by gift, bequest or devise during marriage is called separate property (i.e., not community property). See division of property. Division of community debts may not be the same as division of community property. For example, in California, community property is required to be divided "equally" while community debt is required to be divided "equitably".〔See ''In re Marriage of Eastis'', (47 Cal. App. 3d 459 ) (1975).〕 Property that is owned by one spouse before the marriage is sometimes referred to as the "separate property" of that spouse but there are instances where the community can gain an interest in separate property and even situations where separate property can be "transmuted" into community property. The rules for this vary from jurisdiction to jurisdiction. ==Purpose== The community property system is usually justified by the pragmatic recognition that such joint ownership recognizes the theoretically equal contributions of both spouses to the creation and operation of the family unit, a basic component of civil society.〔See ''Meyer v. Kinzer and Wife'', 12 Cal. 247 (1859). Chief Justice Stephen Johnson Field of the Supreme Court of California wrote: "The statute proceeds upon the theory that the marriage, in respect to property acquired during its existence, is a community of which each spouse is a member, equally contributing by his or her industry to its prosperity, and possessing an equal right to succeed to the property after dissolution, in case of surviving the other."〕 The countervailing majority view in most U.S. states, as well as federal law, which is based on traditional American family values and gender roles, is that marriage is a sacred compact in which a man assumes a "deeply rooted" ''moral'' obligation to support his wife and child, whereas community property, by the same token, essentially reduces marriage to an "amoral business relationship".〔See ''Rose v. Rose'', , and in particular, the ''Rose'' opinion's discussion of ''Wissner v. Wissner'', .〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Community property」の詳細全文を読む スポンサード リンク
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