Definitions and Source Issues

Question 1

Separate Property

Answer 1

All property and debts acquired before marriage, after permanent separation, by gift, or by inheritance. And all rents, income, and profits that derive from these sources.

Question 2

Community Property

Answer 2

All property and debts acquired during marriage are presumed community property unless excepted.

Question 3

Quasi-CP

Answer 3

Property (wherever situated) acquired by a married couple in another jurisdiction that would have been CP if acquiring spouse was domiciled in California.

Question 4

Quasi-CP remains SP of acquiring spouse except:

Answer 4

• Death of acquiring spouse
• Dissolution
• Action by Creditors

Note: If non-acquiring spouse dies first, remains SP

Question 5

Quasi Marital Property

Answer 5

Property acquired during a void or voidable marriage, which would have been CP or QCP if marriage not void or voidable.

Question 6

Putative Marriage (for QMP)

Answer 6

One (or both) spouse(s) has a good-faith belief in the existence of the marriage

Question 7

Quasi Marital Property - GR

Answer 7

Upon dissolution of putative marriage, court will treat QMP as CP or QCP. But note: unsettled law whether bad-faith spouse can invoke the doctrine to claim property.

Question 8

Professional Degree

Answer 8

A professional degree or license remains the SP of the acquiring spouse.

Question 9

Professional Degree - CP entitled to:

Answer 9

Reimbursement PLUS interest for educational expenses (e.g. tuition, books, but NOT living expenses) IF the education substantially enhances the earning capacity of the acquiring spouse, UNLESS:

1. The community has substantially benefited (10 year rule - presumed benefited)
2. Education expenses offset by education/training expenses of other spouse; OR
3. Education substantially reduces need for support that otherwise would be required

Question 10

Professional Degree - Loan

Answer 10

Any loan incurred during the marriage for educational expenses is assigned to the educated spouse at dissolution as a SP debt.

Question 11

Life Insurance

Answer 11

• Last payment controls; so if SP funds used, then policy is SP
• SP and CP get pro rata share if policy accrues
• If CP, spouse would get 1/2 of what goes to beneficiary

Question 12

Child/spousal support

Answer 12

• Obligations that are not the result of the marriage, regardless of when ordered, are SP
• CP liable during the marriage, but can get reimbursement at dissolution if debtor had SP funds at time payments were made

Question 13

Disability

Answer 13

Treat it according to what it replaces - if it replaces SP, then it is SP

Question 14

Debts acquired during marriage

Answer 14

Presumed CP unless intent of lender was to hold SP liable (always raise this issue when either spouse borrows)

Question 15

Recovery from Third-Party Tortfeasor

Answer 15

CP as long as date of accident was during marriage; but may be awarded entirely to injured spouse at dissolution

Question 16

Pensions

Answer 16

Time Rule:

years employed or years asset held during marriage divided by total years employed or held asset

Question 17

QMP - Bigamy, at divorce:

Answer 17

• Legal spouse gets 1/2 CP and has an interest in all of the spouse’s QMP acquired during the marriage - court discretion
• Putative spouse gets 1/2 of QMP

Question 18

QMP - Bigamy, at death:

Answer 18

-By devise if common spouse leaves a will, can devise:
1/2 CP
1/2 QMP

-Intestate:
All CP to legal spouse
All QMP to putative spouse