Basics

Question 1

Intro Paragraph

Answer 1

California is aCommunity Property state. All assets acquired during the marriage and all income earned from community assets are presumptively community property (“CP”).

There are several areas of presumptively seperate property (“SP”): (1) Assets owned by either spouse before the marriage; (2) assets acquired by gift, will, or inheritence; (3) assets acquired by expenditure of seperate funds; and (4) rent, issues, and profits of SP.

However, the community is generally free to alter the classification of property.

Question 2

Lawful Marriage for CP Purposes

Answer 2

1. Marriage valid in CA (capacity and formal legal procedures)
2. Marriage Valid in another State
3. Domicile Partnership

Question 3

Putative Spouse

Answer 3

Treat as married if:
1. Good faith subjective belief of lawful marriage
2. Void/Voidable Marriage
3. EFFECT: Quasi-Maritial Property –> 50-50 split

Question 4

What Happens when Putative Spouse learns Marriage is Invalid?

Answer 4

Estopped using the Putative Spouse Doctrine –> GO GET MARRIED

Question 5

Unmarried Cohabitants

Answer 5

Contract Law Applies –> may be subject to equity unless contractual relationship found on consideration of sex services

Question 6

When does the Economic Community End?

Answer 6

Where there is:
1. Clear intent not to resume the marital relation
2. Conduct consistent with that intent

Question 7

Facade of Marriage but Seperated?

Answer 7

Community has not ended

Question 8

Quasi-Community Property (QCP)

Answer 8

Acquired when Domiciled Elsewhere but would have been classified as CP in California

Treated as SP during lifetime but CP at divorce or death

Question 9

Jointly Titled Property at Death

Answer 9

Marriage of Lucas Presumption: Presumption of Community Property overcome only by collateral written agreement that it is SP

Contributions of SP to CP are not enttiled to reimbursement

Question 10

Exception to Marriage of Lucas Presumption

Answer 10

Joint Bank Accounts

Question 11

Jointly Titled Property at Divorce

Answer 11

Anti-Lucas Statute: Presumptively CP and subject to equal division at divorce rebutted by agreement in deed or writen agreement by parties

Reimbursement: Unlike at death, contributions of SP to CP are subject to reimbursement (without interest) for DIP:
1. Down Payments
2. Improvements
3. Principal Payment on Mortgage
4. NOT: Interest on mortgage, taxes, insurance, maintenance

Question 12

Does the Time a Wage is Earned or the Time a Wage is Acquired Control Property Classification?

Answer 12

Time Wage is Earned –> Earned during Marriage = CP