There Goes the Community: Federal Preemption of Marriage as the Demise of the State Community Property Regime

Comment by Meghan A. Dupre

The community property regime, which is followed by nine states, is built on the premise that family law is left to the discretion of each state.  Until now, the definition of marriage was a state-based definition.  With the United States Supreme Court now defining marriage, which is the foundation of family law, how will the community property regime be affected?  This Comment analyzes areas of community property law already preempted by the federal government and considers how federalizing the definition of marriage will likely lead to further preemption of community property principles.


90 Tul. L. Rev. 185 (2015)