District of Columbia § 19-2303 Included and excluded property.

District of Columbia Statutes

§ 19-2303 — Included and excluded property.

District of Columbia·Title 19 Descent, Distribution, and Trusts. [Enacted title]·Ch. 23 Uniform Community Property Disposition at Death Code.

(a)Subject to subsection (b) of this section, this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held:

(1)If a decedent was domiciled in the District at the time of death:

(A)All or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:

(i)Was acquired; or

(ii)After acquisition, became community property;

(B)Income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A) of this paragraph; and

(C)Personal property traceable to property described i

Free access — add to your briefcase to read the full text and ask questions with AI

(a) Subject to subsection (b) of this section, this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held:

(1) If a decedent was domiciled in the District at the time of death:

(A) All or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:

(i) Was acquired; or

(ii) After acquisition, became community property;

(B) Income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A) of this paragraph; and

(C) Personal property traceable to property described in subparagraph (A) or (B) of this paragraph; and

(2) Regardless of whether a decedent was domiciled in the District at the time of death:

(A) All or a proportionate part of each item of real property located in the District traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:

(i) Was acquired; or

(ii) After acquisition, became community property; and

(B) Income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A) of this paragraph.

(b) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this chapter applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.

(c) This chapter does not apply to property that:

(1) Community-property spouses have partitioned or reclassified; or

(2) Is the subject of a waiver of rights granted by this chapter .

District of Columbia § 19-2303 (Included and excluded property.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.