Changing of Characterization

Question 1

Define

Management & Control of Property

Answer 1

Each spouse has exclusive management and control of their SP and equal management and control of the CP.

Either spouse acting alone can buy, sell, spend or encumber all of the CP.

Question 2

Conveyances of Real Property

Answer 2

Both spouse’s must jointly execute a written instrument in order to validly convey community real property.

If the RP is sold to a bona fide purchaser and one spouse misrepresents their marital satuts, the non-consenting spouse has one year to void the transfer.

Transferes to BFP’s are presumed valid.

Question 3

Conveyance exception for personal property

Answer 3

One spouse cannot transfer furnishings or clothing without the wirtten consent of the other spouse.

Transfers can be void at any time.

Question 4

Conveyance exception for business

Answer 4

The spouse who manages a business has primary control, but they must give prior written notice to the non-managing spouse for any sale of personal property used to operate the business.

Question 5

Define

Pre-marital agreements

Answer 5

A valid pre-marital agreement must be
1. In writing
2. Voluntarily signed in the presence of independent legal counsel
3. Must be provided 7 days prior to any wedding.

However, Oral agreements are enforesable if the promise was carried out by the promisor or the promisee detrimentally relied on promise.

Prenups cannot be unconsionable or promote divorce.