Effect of how Title is Taken Flashcards

1
Q

“Joint and Equal Form”

A

means the title lists both spouses names – “Harry and Wanda Smith,”

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2
Q

What case is applied when evaluating when spouse takes title using SP during marriage upon DEATH of spouse?

A

Look for Marriage of Lucas: presumption that buying property during marriage using SP is a gift to the community, no claim for reimbursement on divorce unless spouse can establish there was an agreement

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3
Q

What statute is applied when evaluating when spouse gets possession or reimbursement when SP used to buy CP upon the DIVORCE OR SEPARATION of spouses

A

Anti-Lucas statute: For purposes of division of property on divorce or separation, property acquired during marriage in joint and equal form is presumptively CP, and is subject to equal division on divorce.

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4
Q

Anti-Lucas statute CP presumption rebutted for OWNERSHIP how? when does it apply?

A

Express statement in the deed or other instrument of title that the property (or portion thereof) is SP;
Written agreement by the parties that the property (or portion thereof) is SP.
When the spouses take A TITLE OR DEED in ‘joint/equal form’

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5
Q

Anti-Lucas statute CP presumption rebutted for REIMBURSEMENT how? When does it apply?

A

When there’s a divorce/separation, spouse making contributions with their SP to acquire the CP is entitled to reimbursement for their contributions to Down Payments, Improvements and Principal payments/mortgage
Applies when there is a TITLE OR DEED and take in ‘joint/equal form’ so if deed only names one spouse, anti-Lucas doesn’t apply

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