Community Property 1-15 Flashcards
What does Separate Property include?
It includes:
Property acquired prior to marriage;
Property acquired after separation;
A gift, devisee, or bequest;
Property acquired with separate funds; AND
Profits from separate property.
Priority: HIGH
How will courts determine the character
of an asset?
They will trace back the source of the funding used to acquire the property.
*A change in the form of the property will NOT change its characterization.
Priority: HIGH
What happens to Community Property (CP) upon divorce?
All CP is divided equally between the spouses, and a spouse’s Separate Property (SP) will remain his/her own.
Priority: HIGH
What is Quasi-Community Property (QCP)?
Property acquired while living in a non-CP state that would be considered CP if the spouse(s) had been living in California when the property was acquired.
*At divorce, QCP is treated as CP.
Priority: HIGH
What happens to QCP upon death?
The surviving spouse has a ½ interest in QCP titled in decedent. (The decedent DOES NOT have any rights in QCP titled in surviving spouse’s name.)
Priority: HIGH
When does the married woman’s special presumption give the wife a presumption of Separate Property?
If:
Title is taken in her name alone; AND
The property was acquired priorto 1975.
Priority: Medium
When does the economic community end?
When:
Either spouse dies;
OR
Permanent physical separation (permanently living apart + no intent to continue marriage).
Priority: HIGH
What is a Putative Spouse, and what is he/she entitled to?
A spouse that has a good faith reasonable belief that he/she is married.
They are entitled to quasi-marital property (QMP) which is treated like CP upon divorce.
*QMP ends once a person learns they are not lawfully married.
Priority: Medium
Unmarried Cohabitants
What will courts enforce under
the Marvin case?
Agreements between cohabitating couples that are not married (as long as they are not expressly based on performance of illicit sexual acts).
Priority: Medium
What are the rights of each spouse to manage and control Community Property?
They may sell, encumber, or otherwise dispose of CP without the other’s consent.
Priority: HIGH
What are the four exceptions to a spouse’s right to manage community property?
Personal property transfers of CP for less than fair and reasonable value.
If one spouse is managing a business, they are given primary management and control of that business.
Transfers of community Real Property requires BOTH spouses to join the transaction.
Inter Vivos gifts of CP require written consent.
Priority: HIGH
Fiduciary Duties
What duty does the confidential relationship of marriage impose?
The duty of the highest good faith and fair dealing on each spouse, and neither shall take any unfair advantage of the other.
Priority: HIGH
Fiduciary Duties
What two acts are considered a breach of the duties imposed by marriage?
An intentional grossly negligent/reckless dissipation or destruction of property; and
A gain in financial advantage at the expense of the other spouse.
Priority: HIGH
When do courts apply the Moore Principle?
When property is acquired with comingled funds (both CP and SP) AND there is no title presumption.
*CP and SP are apportioned based on their relative contributions.
Priority: Low
How is jointly titled property acquired during a marriage treated under the Anti-Lucas Statute?
At divorce: It is treated as presumptively CP, but any SP used for the purchase is entitled to reimbursement.
At death: SP used to acquire jointly titled property is presumed to be a gift. (NO REIMBURSEMENT, unless otherwise agreed).
Priority: HIGH
