Is it the state you reside in or married in that matters for community property?

Answer 1

Any or all, depending upon how the state's laws are written.

For example, in California, any property gained or held by the married couple jointly is treated as community property. However, any property that was gained or held in other states, which would have been community property if they were in California, is also treated as (quasi)-community property.

Some states may have laws that say anything that is/was community property retains that character even if they move out of state (to a non-community property state). This matters because real property (land, buildings, etc) are always resolved (at time of divorce) by the state in which they are located, regardless of where the divorce happens. So certain state laws may apply, even if the couple now lives out of state.

It's also important to distinguish between residence and domicile. Domicile is the last place you lived that you intended you remain indefinitely. If you go live somewhere else, but don't have the intent to remain there indefinitely (such as going for school, or a fixed-term consulting job, etc.) then your domicile doesn't change, even though you are now a resident of the new state.

As always, when you have legal questions about your specific rights and obligations, consult an attorney licensed in the state in question. For more than one state, you probably need to consult more than one attorney, since each is only licensed for specific states.

Answer 2

The laws re: community property are those in effect in your state of residence at the time of divorce. Thus, you can be married in England but your community property is determined by the state where you live.

Answer 3

state of last residency as man and wife it takes 6 month residence to establish residency

Answer 4

It is where you reside.

Answer 5

reside because thats where you collected all you assets