Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.77.010 Good faith requirement.
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A spouse shall act in good faith with respect to the other spouse in matters involving community property. The obligation under this section may not be varied by a community property agreement or a community property trust.
AS 34.77.020 Variation by marital property agreement.
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Except as provided in AS 34.77.010, 34.77.070(h), 34.77.080(b), and 34.77.090(c), a community property agreement or a community property trust may vary the effect of this chapter.
AS 34.77.030 Classification of property of spouses.
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(a) Except for property that is classified otherwise in this chapter, property of spouses is community property under this chapter only to the extent provided in a community property agreement or a community property trust. (b) If a community property agreement provides that all …
AS 34.77.040 Management and control of property of spouses.
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(a) A spouse acting alone may manage and control (1) that spouse's property that is not community property; (2) except as provided in (c) of this section, community property held in that spouse's name alone or not held in the name of either spouse; (3) a policy of insurance if th…
AS 34.77.050 Gifts of community property to third persons.
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(a) A spouse acting alone may not give to a third person community property that the spouse has the right to manage and control unless the value of the community property given to the third person does not aggregate more than $1,000 in a calendar year, or a larger amount if, when…
AS 34.77.060 Certain property transactions between spouses.
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(a) While both spouses are domiciled in this state, spouses may classify any or all of their property as community property in a community property agreement. (b) Whether or not both, one, or neither is domiciled in this state, spouses may classify any or all of their property as…
AS 34.77.070 Obligations of spouses.
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(a) [Repealed, § 6 ch 80 SLA 2001.] (b) After the determination date, a spouse's obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from community property and the other property of the obligated spouse that is not…
AS 34.77.080 Protection of bona fide purchasers dealing with spouses.
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(a) Notice of the existence of a community property agreement, a community property trust, a marriage, or the termination of a marriage does not affect the status of a purchaser as a bona fide purchaser. (b) Community property purchased by a bona fide purchaser from a spouse havi…
AS 34.77.090 Community property agreement.
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(a) A community property agreement must be contained in a written document signed by both spouses and classify some or all of the property of the spouses as community property. It is enforceable without consideration. (b) A community property agreement must contain the following …
AS 34.77.100 Community property trust.
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(a) An arrangement is a community property trust if one or both spouses transfer property to a trust, the trust expressly declares that some or all the property transferred is community property under this chapter, and at least one trustee is a qualified person whose powers inclu…
AS 34.77.110 Forms of holding property.
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(a) Spouses may hold community property in a form that designates the holders of it by the words “(name of one spouse) or (name of other spouse) as community property.” Community property held in this form is subject to AS 34.77.040(a)(6). (b) Spouses may hold community property …
AS 34.77.120 Classification of life insurance policies and proceeds.
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(a) If a policy issuer makes payments or takes actions in accordance with the policy and the issuer's records, the issuer is not liable because of the payments or actions unless, at the time of the payments or actions, the issuer had actual knowledge of inconsistent provisions of…
AS 34.77.130 Mixed property.
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(a) Except as provided otherwise in AS 34.77.110, mixing community property with property having another classification reclassifies the other property as community property unless the component of the mixed property that is not community property can be traced. (b) If a communit…
AS 34.77.140 Interspousal remedies.
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(a) A spouse has a claim against the other spouse for breach of the good faith requirement under AS 34.77.010 resulting in damage to the claimant spouse's present undivided one-half interest in community property. (b) If the spouses have signed a community property agreement or a…
AS 34.77.150 Treatment of certain property at death of spouse.
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If a community property agreement provides that all property acquired by either or both spouses during marriage is community property, at the death of a spouse domiciled in this state, property of the spouse that can be traced to property received by the spouse after the determin…
AS 34.77.155 Division of community property at death.
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(a) Upon the death of a spouse, one-half of the aggregate value of the community property owned by the spouses and by any community property trust established by the spouses reflects the share of the surviving spouse and the other one-half reflects the share of the decedent. (b) …
AS 34.77.160 Uniformity of application and construction.
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This chapter shall be applied and construed to effectuate its general purpose and to make uniform the law with respect to the subject of this chapter among states enacting it.
AS 34.77.900 Definitions.
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In this chapter, (1) “acquire” in relation to property includes obtaining reductions of indebtedness on encumbered property and obtaining a lien on or a security interest in property; (2) “appreciation” means a realized or unrealized increase in the value of property; (3) “commun…
AS 34.77.995 Short Title.
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This chapter may be cited as the Alaska Community Property Act.