Conflict of Laws

Question 1

From non-CP state

Answer 1

1. couple moves from non-CP state to CA
2. quasi community property: property that would have been CP
   i. property acquired while couple domiciled in non-CP state that would have been CP had it been acquired under the same circumstances in California
   ii. includes real and personal property
3. acquiring spouse: spouse whose earnings were used to acquire the property

Rules

1. divorce: quasi-community property treated as true CP, equal division on divorce
2. death of acquiring spouse:
   i. quasi-community property of acquiring spouse is treated as CP
   ii. foreign real property is classified by the law of the state where it is located (CA courts do not have authority)
3. death of non-acquiring spouse:
   i. non-acquiring spouse has no right over quasi-community property of acquiring spouse
   a. i.e. quasi-community property system only gives protection of non-acquiring spouse surviving the acquiring spouse

Example

1. facts:
   i. H&W marry in KS (non-CP state) in 1990
   ii. H&W move to CA in 1998 with 2k shares of stock and a far, they own in KS (deed names H as grantee), both acquired from H’s salary during marriage
   iii. W has never been employed
   iv. at time of divorce in CA: 2400 shares of stock in H’s name and farm worth $40k
2. divorce result: 2400 shares and farm are quasi-community property, treated as true CP, divided equally
   a. H is the acquiring spouse, W is the non-acquiring spouse
3. death of H result: (H leaves will saying all property to daughter D)
   i. 2400 shares are quasi-CP, treated as CP
   ii. farm is classified by KS law, all goes to D
4. death of W result: (W leaves will saying all property to daughter D)
   i. W has no control over quasi-community property to dispose of in her will

Question 2

From another CP state

Answer 2

1. couple moves from a CP state to CA
2. the property that would have been quasi-community property (had they moved from a non-CP state) is treated as true CP
3. Both are true CP!