CP Intro

Question 1

Community Property

Answer 1

CA is a CP state.

CP is negatively defined –> all property other than SP acquired by either spouse during the marriage.

“Except as otherwise provided by statute, all property, real or 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. Propety Acquired During the Marriage:
   * By Gift, Bequest, Devise, or Descent
   AND
   * Rents, Issues & Profits (only to the extent not attributable to spousal labor during marriage

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

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

Answer 3

Under CA law, QCP is any property acquired 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.

The QCP designation generally only becomes relevant at divorce or death; and, during marriage, for creditor’s rights.

Question 4

Quasi-Marital Property

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”

Re-defined by CA legislature in 2016

Answer 5

The date a complete and final break in the marital relationship ahs occurred, as evidenced by both of the following:

1. Spouse Communicates Intent to End Marriage
2. Conduct is Consistent with Intent to End Marriage