Community Property

Question 1

Generally

Answer 1

California is a community property (CP) state. In a community property state, the marital economic community (MEC) begins upon marriage and ends at divorce, death of a spouse, or when there is permanent separation. Property acquired by a spouse during the marriage is presumed to be community property. All earnings during the marriage and all property acquired with those earnings are CP. All debts incurred during the marriage are considered CP debts. Property that either spouse acquired before the marriage or after permanent separation or divorce, as well as property acquired at any time by gift or inheritance, is separate property (SP).

Question 2

Transmutation

Answer 2

Refers to the changing of classifications of property by agreement or transfer from CP to SP, SP to CP, or from one spouse’s SP to another spouse’s SP. To be effective, the transmutation must be in writing with an express declaration by the adversely affected spouse.

EXCEPTION: Personal gifts between spouses not of substantial value need not be in writing.

Question 3

Void Marriages

Answer 3

1. Incest
2. Bigamy
   
   • EXCEPT: where former spouse has been absent for 5+ years immediately preceding the subsequent marriage or is genuinely believed to be dead
3. Didn’t follow legal procedure to be valid

Question 4

Voidable Marriages

Answer 4

1. Underage
2. Prior existing marriage (see bigamy exception)
3. Unsound mind
4. Force
5. Incurable physical incapacity
6. Fraud
   • goes to essence of marital relationship