Basic Community Property Presumptions

Question 1

Define

Community Property Presumption

Answer 1

California is a Community Property (“CP”) state. The marital economic community (“MEC”) begins at marraige and ends upon death, divorce or perminant legal separation. All property acquired during the MEC is presumed CP.

Question 2

Define

Separate Property Presumption

Answer 2

Property acquired before marraige; during marraige through gift or inheritance; or after the end of the MEC is presumed to be separate property.

Question 3

Define

Quasai-Community Property

Answer 3

Property acquired by either spouce while domiciled in a non-CP state, that would have been CP if acquired while domiciled in CA will be treated like SP during marriage after moving to CA but treated like CP upon the end of the MEC.

Question 4

Define

Transmutation

Answer 4

A transmutation refers to the changing nature of property from CP to SP or vice versa. To be valid, a transmutation must (1) be in writting; (2) signed by the adversely affected spouse; (3) expressly state that change in ownership is made.

Oral transmutations before 1/1/1985 are enforceable.