Essay Answers

Question 1

fraud

Answer 1

If the trier of fact determines that a spouse has committed actual or constructive fraud on the community, the court shall (i) calculate the value by which the community estate was depleted as a result of the fraud on the community and calculate the amount of the reconstituted estate, and (ii) divide the value of the reconstituted estate between the parties in a manner the court deems just and right.

Question 2

fraud-gifts

Answer 2

A spouse may make reasonable gifts of community property during the marriage without the other spouse’s consent. However, an unreasonable gift may be a fraud on the spouse’s community rights. Factors to evaluate in making a determination of fraud on the spouse’s community rights include relationship of the donor spouse to the donee, amount of gift in relation to the community estate, and whether the gift was of the donor spouse’s sole-management community property. A gift to an unrelated party is presumed to be fraud on the nonparticipating spouse

Question 3

presumption-fraud

Answer 3

A gift to an unrelated party is presumed to be fraudulent.

Question 4

spousal maintenance-timing

Answer 4

• Spousal maintenance is generally intended to be a temporary rehabilitative measure for a spouse who is unable to be self-sufficient.
• Moreover, payments should not extend past the time it takes the spouse to obtain sufficient employment or to develop an employable skill,