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California Supplement to Bar Exam > California Community Property > Flashcards

California Community Property Flashcards

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1
Q

Community property (California)

A

Assets and debts acquired during marriage that are owned equally by both spouses.

Example: A house purchased during marriage with joint funds is considered community property.

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2
Q

Separate property (California)

A

Property owned by one spouse before marriage or acquired by gift, bequest, or inheritance.

Additional information: Separate property is not subject to division upon divorce.

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3
Q

Quasi-community property (California)

A

Property acquired while living in a non-community property state that would have been community property if acquired in California.

Example sentence: Property acquired in New York but would be community property in California.

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4
Q

Commingled property (California)

A

Property that contains both separate and community property funds.

Example: Bank account with funds from both spouse’s salaries and inheritance.

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5
Q

Tracing (California)

A

Method used to identify the source of funds to determine property characterization.

Explanation: Tracing is used to distinguish between separate and community property.

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6
Q

Community property presumption (California)

A

Assumption that property acquired during marriage is community property unless proven otherwise.

Legal principle: The burden of proof is on the party claiming separate property.

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7
Q

Management and control (California)

A

Both spouses have equal rights to manage and control community property.

Explanation: Each spouse has the authority to make decisions regarding community assets.

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8
Q

Fiduciary duty (California)

A

Spouses must act in the highest good faith and fair dealing with respect to community property.

Legal obligation: Spouses must prioritize the interests of the marital partnership.

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9
Q

Transmutation (California)

A

Process of changing the characterization of property from separate to community or vice versa.

Requirement: Transmutations must be in writing to be valid.

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10
Q

Premarital agreement (California)

A

Contract entered into before marriage outlining property rights and obligations.

Enforceability: Premarital agreements must be fair and reasonable to be upheld in court.

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11
Q

Community property reimbursement (California)

A

Right to repayment for separate property contributions to community property.

Example: Reimbursement for using separate funds to pay off a mortgage on a community property home.

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12
Q

Division of property at divorce (California)

A

Equal division of community property between spouses upon divorce.

Legal requirement: Community property is typically split 50/50 in a divorce.

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13
Q

Post-separation earnings (California)

A

Income earned by a spouse after separation, considered separate property.

Treatment: Earnings after separation are not subject to community property laws.

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14
Q

Date of separation (California)

A

The date when a complete and final break in the marital relationship occurs.

Legal significance: Date of separation impacts property division and characterization.

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15
Q

Community property business (California)

A

Business operated during marriage considered community property.

Ownership: Both spouses have an interest in the business and its assets.

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16
Q

Separate property business (California)

A

Business owned by one spouse before marriage or acquired with separate property funds.

Example: A business started by one spouse before the marriage.

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17
Q

Goodwill (California)

A

Intangible asset representing the reputation of a business, considered community property if earned during marriage.

Valuation: Goodwill may be subject to division in a divorce.

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18
Q

Educational degrees (California)

A

Degrees and licenses are separate property, but the community may be reimbursed for contributions to education.

Reimbursement claim: Spouse may seek reimbursement for educational expenses paid with community funds.

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19
Q

Stock options (California)

A

Characterized based on when they were awarded and vested, either as community or separate property.

Treatment: Stock options may be subject to division in divorce depending on vesting and award date.

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20
Q

Retirement benefits (California)

A

Pension and retirement benefits earned during marriage are community property.

Division: Retirement benefits accumulated during marriage are typically split equally.

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21
Q

Disability benefits (California)

A

Benefits characterized based on whether they replace earnings during marriage or after separation.

Treatment: Disability benefits received during marriage are usually considered community property.

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22
Q

Life insurance (California)

A

Proceeds from a policy paid for with community funds are community property.

Ownership: Life insurance benefits purchased with joint funds are considered community property.

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23
Q

Personal injury awards (California)

A

Characterized based on when the cause of action arose, either as community or separate property.

Example: Damages for personal injury occurring during marriage may be community property.

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24
Q

Debt liability (California)

A

Community estate is liable for debts incurred by either spouse during marriage.

Responsibility: Both spouses may be responsible for debts acquired during the marriage.

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25
Q

Marital agreements (California)

A

Contracts made during marriage altering property rights, must be in writing and meet certain requirements.

Validity: Marital agreements must comply with legal standards to be enforceable.

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26
Q

Spousal consent (California)

A

Requirement for both spouses to agree on significant transactions involving community property.

Protection: Spousal consent ensures both parties are aware of and approve major financial decisions.

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27
Q

Community property inheritance (California)

A

Rules for distributing property upon death of a spouse.

Survivorship: Community property may pass directly to the surviving spouse upon death.

28
Q

Community property tax implications (California)

A

Tax effects on transfers and division of community property.

Consideration: Tax consequences must be taken into account when dividing community assets.

29
Q

Separate property improvements (California)

A

Characterization of enhancements to separate property using community funds.

Example: Renovations to a separate property home paid for with joint funds.

30
Q

Credit acquisitions (California)

A

Characterization based on the intent of the lender, whether relying on community or separate property.

Clarification: Creditors’ intentions determine how debts are classified in a divorce.

31
Q

Characterization of property (California)

A

Process of determining if property is community, separate, or mixed.

Legal analysis: Property characterization is crucial in dividing assets during divorce.

32
Q

Time of acquisition (California)

A

Determines property characterization based on when the property was acquired.

Significance: Timing of acquisition can impact property rights and division.

33
Q

Title presumption (California)

A

Legal assumption regarding property ownership based on how title is held.

Presumption: Title presumption may influence property division in certain cases.

34
Q

Presumption of undue influence (California)

A

Arises when one spouse gains an advantage in a property transaction.

Legal protection: Presumption of undue influence safeguards against unfair property transactions.

35
Q

Property management (California)

A

Rules governing how spouses manage and control community property.

Responsibility: Spouses must adhere to legal guidelines when managing community assets.

36
Q

Community property dissolution (California)

A

Division of community property upon death or divorce.

Outcome: Community property dissolution involves distributing assets according to legal requirements.

37
Q

Putative spouse (California)

A

Person who believes in good faith they are in a valid marriage, entitled to community property rights.

Claim: A putative spouse may seek property rights even if the marriage is later found to be invalid.

38
Q

Intestate succession (California)

A

Distribution of property when a spouse dies without a will.

Default distribution: Without a will, California law determines how property is distributed.

39
Q

Surviving spouse rights (California)

A

Entitlements of the surviving spouse to community and separate property.

Protection: Surviving spouse has legal rights to certain assets upon the other spouse’s death.

40
Q

Quasi-marital property (California)

A

Property treated similarly to community property, acquired during a putative marriage.

Legal status: Quasi-marital property may be subject to division as if it were community property.

41
Q

Spousal property petition (California)

A

Legal request to determine ownership rights in community property after a spouse’s death.

Procedure: Spousal property petition is used to clarify property rights in case of dispute.

42
Q

Right of survivorship (California)

A

Community property that automatically passes to the surviving spouse.

Beneficiary: Survivorship rights ensure seamless transfer of assets to the surviving spouse.

43
Q

Joint tenancy (California)

A

Property held jointly by spouses, with survivorship rights, but treated differently than community property.

Ownership: Joint tenancy provides survivorship rights but may not be subject to community property laws.

44
Q

Transmutation by agreement (California)

A

Spouses’ agreement to change the character of property, requiring written documentation.

Formality: Transmutations by agreement must be properly documented to be legally binding.

45
Q

Fiduciary breach remedies (California)

A

Legal actions available when a spouse breaches fiduciary duties in managing community property.

Protection: Fiduciary breach remedies aim to hold accountable spouses who violate their duties.

46
Q

Separate debt liability (California)

A

Rules governing responsibility for debts incurred before or during marriage.

Liability: California law distinguishes between separate and community debt obligations.

47
Q

Marvin action (California)

A

Claim by cohabitants to enforce property and support agreements.

Legal recourse: Marvin actions allow unmarried partners to seek property rights similar to married couples.

48
Q

Date of separation significance (California)

A

Importance in ending the community property period and affecting property characterization.

Impact: Date of separation can influence property division and financial obligations.

49
Q

Post-divorce creditor rights (California)

A

Creditors’ ability to reach property awarded to a spouse in divorce.

Enforcement: Creditors may pursue assets awarded to a spouse in a divorce settlement to satisfy debts.

50
Q

Property partition at death (California)

A

Process of dividing community property upon the death of a spouse.

Distribution: Property partition at death involves determining how community assets are distributed.

51
Q

Domestic partnership (California)

A

Legal relationship granting community property rights similar to marriage.

Recognition: Domestic partners in California have similar property rights as married couples.

52
Q

Void and voidable marriages (California)

A

Impact on property rights and division when a marriage is invalid.

Legal status: Void and voidable marriages may affect property ownership and division.

53
Q

Property insurance (California)

A

Characterization of insurance proceeds.

Treatment: Insurance proceeds may be classified as separate or community property based on the policy’s ownership.

54
Q

Separation significance (California)

A

Importance in ending the community property period and affecting property characterization.

Example sentence: Understanding the separation significance in California is crucial for determining the division of property in a divorce.

55
Q

Post-divorce creditor rights (California)

A

Creditors’ ability to reach property awarded to a spouse in divorce.

Example sentence: Post-divorce creditor rights in California can impact the division of assets between former spouses.

56
Q

Property partition at death (California)

A

Process of dividing community property upon the death of a spouse.

Example sentence: Property partition at death in California involves distributing assets according to state laws.

57
Q

Domestic partnership (California)

A

Legal relationship granting community property rights similar to marriage.

Example sentence: Domestic partnership in California provides couples with similar property rights as married couples.

58
Q

Void and voidable marriages (California)

A

Impact on property rights and division when a marriage is invalid.

Example sentence: Void and voidable marriages in California can complicate property division during a divorce.

59
Q

Property insurance (California)

A

Characterization of insurance proceeds based on the source of premium payments.

Example sentence: Property insurance in California may impact property division based on how premiums were paid.

60
Q

Management of community business (California)

A

Rules for the spouse managing a community-owned business.

Example sentence: Understanding the management of a community business in California is essential for smooth operations.

61
Q

Retirement benefit valuation (California)

A

Determination of the value of retirement benefits for property division.

Example sentence: Retirement benefit valuation in California is crucial for accurately dividing assets during a divorce.

62
Q

Community property with survivorship (California)

A

New title form ensuring property passes to the surviving spouse without probate.

Example sentence: Community property with survivorship in California simplifies the transfer of assets to a surviving spouse.

63
Q

Gift exclusion (California)

A

Exception allowing certain gifts between spouses without formal transmutation.

Example sentence: Gift exclusion in California permits spouses to exchange gifts without affecting property rights.

64
Q

Business goodwill valuation (California)

A

Methods for valuing business goodwill as community property.

Example sentence: Business goodwill valuation in California is essential for determining the worth of shared business assets.

65
Q

Separate property mutation (California)

A

Change in the form of property without changing its characterization.

Example sentence: Separate property mutation in California can occur when property undergoes a change in ownership.

66
Q

Educational contribution reimbursement (California)

A

Community right to repayment for contributions enhancing a spouse’s earning capacity.

Example sentence: Educational contribution reimbursement in California allows spouses to seek repayment for career-enhancing investments.

67
Q

Living separate and apart (California)

A

Old standard for ending the community property period, now replaced by the date of separation.

Example sentence: Living separate and apart was an old standard in California for determining the end of the community property period.

California Supplement to Bar Exam (8 decks)

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