Community Property 9-15 Flashcards
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
