1. General principles

Question 1

general

Answer 1

CA is community property state. System views marriage as community, each spouse is equal partner

Question 2

factors to characterize property

Answer 2

1) when acquired
2) how acquired
3) legal presumption for this asset?
4) change in characterization by action or agreement?

Question 3

effect of what kind of property

Answer 3

1) management/control
2) creditors
3) division at divorce/death

Question 4

source of law

Answer 4

statute – CA family code

some caselaw

Question 5

exception to nl com property rules

Answer 5

1) enforceable marital or prenup agreement, OR

2) marriage k or settlement w stipulations contrary to statute

Question 6

personal property: def

Answer 6

everything that’s not real property (stocks, cash, car, royalties)

Question 7

property: def

Answer 7

present/future interests, legal/equitable, vested/contingent, can be real or personal. (most things)

Question 8

separate property: def *

Answer 8

1) property owned by the spouse before the marriage
2) property acquired by the spouse during marriage by gift (bequest, devise, descent)
3) earnings or other aquisitions of either spouse while lliving separate and apart

Question 9

gift: nuance

Answer 9

even if from spouse! even if bought w com property!

but can’t give gifts to yourself

Question 10

living separate and apart: def

Answer 10

more than mere physical separation

–at least 1 spouse regards as permanent

Question 11

other ways to get separate property

Answer 11

1) rent/issue/profits of the SP

2) property received in exchange for SP – change in form does not change ch

Question 12

separate property: rights

Answer 12

either spouse may convey/dispose, encumber. w/o consent of other.

Question 13

community property: presumption

Answer 13

broad def / presumpTion that it’s com property / all inclusive

Question 14

com property: def

Answer 14

all property other than separate property, that is acquired by either spouse (jointly or individually) during the marriage (inc. income/wages from labor of either spouse)

Question 15

ojo w income

Answer 15

working at separate property business –> profit is community property (but profits from sale of yoru SP house are SP)

Question 16

com property: BOP

Answer 16

the spouse that wants to claim it’s SEPARATE has preponderance BOP

Question 17

com property: effect

Answer 17

–owned equally by spouses (regardless of who earned it, who has title)

Question 18

com property: rights

Answer 18

• -present, equal interest in the property

- -either acting alone can manage + control + usu dispose (to same degree as separate)

Question 19

com property: rights: exception

Answer 19

can’t gift it to yourself

neither spouse can gift it to someone else w’o other spouse’s consent

Question 20

divorce: general result

Answer 20

CP: 50/50
SP: belongs to each spouse, not divided

Question 21

quasi-community property: def

Answer 21

1) property acquired in a non CP state that would have been CP if acquired in CA, or
2) property exchanged for such property

Question 22

mixed character property

Answer 22

property from different “marital property estates” is used to initially acquire another property

result: the (house) is BOTH CP and SP

Question 23

marital property estates: def

Answer 23

1) com estate
2) H’s sp
3) wife’s SP