General

Question 1

Slap Down

Answer 1

1. CA is a CP state.
2. There is a CP presumption, meaning that all assets acquired during marriage are CP.
3. There are four categories of SP: (a) property owned by either spouse before marriage; (b) property acquired by either spouse during marriage by gift, will or intestacy; (c) property acquired during marriage by either spouse by the expenditure of SP; and (d) rents, issues and profits derived from SP.

Question 2

Community Ends

Answer 2

Intent not to resume marital relation + content consistent therewith

• -intent negated by maintaining the marital facade
• -Court retains jurisdiction to divide CP later discovered

Question 3

Community Credit Presumption

Answer 3

Credit during marriage presumed CP, but can be rebutted by looking at primary intent of lender (where looking for repayment)

Question 4

Fiduciary Duty Between Spouses

Answer 4

Breach: gross neg. or reckless investment of CP

Presumption of Undue Influence: one spouse gains benefit and other doesn’t