Community Property Flashcards
When does the Special Presumption of Title apply?
At death only
True or False: To establish direct tracing, the proponent need only show that sufficient separate property funds were available at the time of the purchase of an asset
False
If a spouse if not yet eligible for retirement benefits at the time of divorce, but the present value of the benefits can be ascertained, what method will the court apply to award the CP share?
Cash-out option
If the decedent with a surviving spouse has no children or issue, but has surviving heirs (parents, siblings, or issue of siblings), ____ of the separate property goes to that group of relatives, and ____ of the separate property goes to the surviving spouse
1/2, 1/2
True or False: For the conveyance of community real property, during the marriage a non-consenting spouse has one year to void a transfer, or may pursue a remedy for breach of fiduciary duty
True
What is NOT a duty that exists between spouses with respect to the management and control of the CP?
Duty to prevent loss or decline in value of the community estate
When does the marital economic community (MEC) begin and end?
The MEC begins upon marriage and ends at divorce, the death of a spouse, or when there is a permanent separation.
What is considered CP?
Property acquired during the marriage, all earnings during the marriage, and all property acquired with those earnings. All debts incurred during the marriage are CP debts.
What is considered SP?
Property that either spouse acquired before the marriage or after divorce/permanent separation. Also, property acquired by gift or inheritance is SP, as well as any other property that is traceable to SP.
Quasi-Community Property
Quasi-community property (QCP) is property acquired by either spouse while living in a non-community-property state that would have been CP had the spouses been domiciled in California at the time of the acquisition.
True or False: Title alone is dispositive of the character of property
False. Title alone is not dispositive, and courts will always trace back to the source of the funds used to acquire the asset to determine its characterization
How long does an innocent spouse have to file an action to avoid a unilateral transfer of community real property?
One year. If the action is brought after divorce or the transferor spouses’s death, the recovery is limited to the non-consenting spouse’s one-half of the property.
True or False: In California, a conservator for an individual who lacks testamentary capacity can make a will or codicil for that individual if a court orders him to do so.
True
