General Presumptions Community Property

Question 1

Prologue for all Community Property Essays

Answer 1

“California is a community property state. There is a community presumption where all assets acquired during the marriage are presumptively community property. There are areas of separate property to include: property owned by either spouse before the marriage, property acquired during marriage by gift, will, or inheritance; or with the expenditure of separate funds; the rents, issue, and profits derived from separate property.”

Question 2

Community Property (Definition)

Answer 2

Property, other than separate property, acquired by either spouse during marriage. The most common examples are (i) salary or wages earned by either spouse, and (ii) the income from community assets.

Question 3

Separate Property (Definition)

Answer 3

Property owned by either spouse before marriage; or
Property acquired during marriage by gift, will, or inheritance; or
Property acquired during marriage with the expenditure of separate funds.
The rents, issue, and profits derived from separate property.

Question 4

Earning and accumulations are deemed SP where:

Answer 4

a. Living apart: For a spouse and the minor children living with that spouse while living separate and apart from the other spouse, the earnings and accumulations are SP; or
b. Legal separation: After a legal separation the earnings and accumulations are SP
c. Note: These special rules apply to earnings and accumulations, but not other sources of money or property

Question 5

Quasi-Community Property

Answer 5

QCP is all property, real or personal wherever situated, acquired by either spouse while domiciled elsewhere, which would have been CP if it had been acquired while domiciled in CP state.

Question 6

Quasi-Marital Property

Answer 6

QMP is property acquired during a void or voidable marriage, which would have been CP or QCP if the marriage had not been void or voidable. The property of a putative spouse is classified as QMP.