Community Property in CA

Question 1

Community Property

Answer 1

CP is all property other than separate property acquired by either spouse during the marriage

“Except as otherwise provided by statute, all property, real and personal, wherever situated, acquired by a married person during marriage while domiciled in CA is CP.”

Question 2

Separate Property

Answer 2

1. Property Acquired by Either Spouse Before Marriage
2. Property Acquired During Marriage
   * By Gift, Bequest, Devise or Decent
   * AND
   * Rents, Issues & Profits - only to the extend not attributable to spousal labor during marriage.

A spouse has exclusive power to manage and control her SP.

SP is all property owned by each spouse before marriage and property brought into the marriage by gift, will or inheritance is presumed SP.

Question 3

Quasi-Community Property (QCP)

Answer 3

Any property acqquired during marriage while domiciled in another common law (i.e., non-CP) state that would have been CP had the acquiring spouse lived in CA at the time of acquisition.

QCP only becomes relevant at divorce or death or creditor’s rights

Any property acquired by a CA spouse, while he was formerly domiciled in a common law state, which would have been CP if he had been domciciled in CA at time of acquisition. During marriage, he continues to own his QCP as if it were SP.

CP ACQUIRED BY RESIDENT OF ANOTHER CP STATE IS TREATED AS CP COMMUNITY PROPERTY WHEN SPOUSE BECOMES DOMICILED IN CA.

Question 4

Quasi-Marital Property (QMP)

Answer 4

Any property acquired by a participant in an unlawful marriage, which would have been CP had the marriage been lawful, when one or both participants had a subjective good faith belief that the marriage was lawful

Question 5

“Date of Separation”

2016 CA Legislature Definition

Answer 5

Date a complete and final break in the marital relationship has occurred, as evidenced by BOTH of the following:

1. Spouse Communicated Intent to End Marriage

AND

2. Conduct is Consistent with Intent to End Marriage

Question 6

3 Elements Required for
Legal Marriage

Answer 6

1. Legal Capacity of Both Parties
2. Witnessed Ceremony of Marriage
3. Issuance of Marriage License

Question 7

Framework for Determining Characterization of Asset

5 Q’s

Answer 7

1. When Was the Asset Acquired?
2. How was the Asset Acquired?
3. Are There Any Legal Presumptions That Affect the Asset’s Character?
4. Did Subsequent Actions by Either Spouse Change the Asset’s Character?
5. Is the Application of CA CP Preempted by Federal Law?