Applicability of CP Law

Question 1

Lawful Marriage

Answer 1

Must have capacity to marry: no existing marriage; can’t be too closely related; must be of age; must be able to consent; can’t be coerced; no fraud; sexual capacity

Question 2

Marriage Formalities

Answer 2

1) Licensed 2) Witnessed ceremony 3) Recordation

Question 3

Common Law Marriage Exception

Answer 3

CA repudiated common law marriage, but recognizes a couple as married if their relationship was recognized by another jurisdiction as a valid common law marriage

Question 4

Putative Spouses Exception

Answer 4

Person who has a reasonable good faith belief they are validly married. Putative spouse is treated like a regular spouse and gets rights to CP at divorce/death based on QMP. Once putative spouse realizes marriage is invalid, classification ends for purposes of QMP.

Question 5

Non-Marital Cohabitation Limitation

Answer 5

Non-marital partners may lawfully contract concerning ownership of property acquired during the course of their relationship. Courts typically apply restitution principles to compensate. Do not have any rights under the marriage laws in CA. The agreements will be enforced provided the agreement does not rest on meretricious consideration (cannot contract for sex)

Question 6

End of the Marital Economic Community

Answer 6

Permanent separation; Intent by at least 1 spouse communicated to the other not to continue the marital relationship (dissolution/death)