Community Property Flashcards
What to begin every essay with?
California is a community property state. In a community property state, the marital economic community begins upon marriage and ends at divorce, death of a spouse, or a permanent physical separation with an intent not to resume marital relationship. Property, earnings, or debt acquired during marriage are presumed to be community property. Property acquired by either spouse before marriage; by gift or inheritance during marriage; or after divorce or a permanent separation is presumed to be separate property. Finally, property acquired by a married couple while living in a non-CP state that would be characterized as CP if the couple had been living in CA at the time of acquisition is called quasi-community property.
How should unmarried couples’ property be resolved?
An unmarried couples’ property will be distributed based on contract principles. Express contracts setting forth the distribution of property will be enforced unless they are based upon meretricious sexual services (prostitution). If there is no express contract, a court will look for an implied contract or understanding. A court may also distribute property based on unjust enrichment and fairness principles
What is Anti-Lucas?
As of 1987, all jointly held property (joint tenancy, tenancy in common, tenancy by the entirety) acquired during marriage is presumed to be CP upon divorce. This presumption can be rebutted by an express writing evidencing the spouses’ intent to hold the property as SP. If a spouse contributes SP to the purchase of the property, she/he has a right to reimbursement for the amount of contribution (but not any increase in value).
What is the presumption of title?
There is a special presumption that the form of ownership on the title represents the form of ownership interests of the spouses. If title is in one spouse’s name alone and one spouse dies, the asset is considered SP if the source of funds used to purchase the asset was SP. The presumption may be rebutted by clear and convincing evidence that both spouses had a different intention.
However, this presumption only applies at death. At divorce, title is generally irrelevant since courts will trace back to the source to determine its character.
Who is entitled to the management and control of CP?
In CA, each spouse has equal management and control over CP. Equal means that both spouses must participate in those decisions regarding major personal property transactions.
What is true about distribution of property to third parties?
If one spouse improperly gifts or disposes of community personal property (such as household furniture or furnishings) for less than fair and reasonable value without the other spouse’s written consent, then the non-consenting spouse has the right to either (i) ratify the gift or (ii) revoke the gift and sue to recover all of the property.
