Highly tested MEE subjects

Question 1

Intro to EVERY CP essay

Answer 1

California is a community property state. All property acquired or earned during a marriage is considered community property. Property acquired before the marriage or by gift, devise, or bequest is presumed separate property.
[IF RELEVANT] Quasi-community property is property acquired by either spouse that would have been community property if the spouse had been domiciled in California at the time the property was acquired.

At divorce, community assets are divided equally unless a rule or agreement between the spouses requires division otherwise.

Question 2

Community Property

Answer 2

Community property is property earned or acquired during the marriage. There is a presumption that all property acquired during the marriage by either party is community property

Question 3

Termination of the marital economic community

Answer 3

The marital economic community is presumed to end at death, divorce or when there is permanent physical separation and an intent not to resume the marriage.

Question 4

Separate property

Answer 4

Separate property is

1) property owned before marriage
2) inheritance given to one party
3) gift given to one party

Any fruits of separate property will remain separate property

Question 5

Tracing

Answer 5

Any fruits of separate property will remain separate property

Question 6

Quasi-community property

Answer 6

Propert acquired by a married couple that lived outside of California while the property was acquired, but that would have been classified as community property if the couple was in California. Quasi-community property is treated as separate property during the marriage, but will be treated as community property at death or divorce.

Upon death, foreign state’s law will control the distribution of real property, but California can make up for inability to award one spouse property by giving other spouse assets of equal value

Question 7

How is community property divided?

Answer 7

50-50 with exceptions

Question 8

Joint Tenancy

Answer 8

Joint tenancy is created if the language “ as joint tenants with rights of survivorship” or “ in joint tenancy with right of survivorship” is used.

Created if interests have vested at the same time, the same instrument granted title, all possess an equal share of the property, and all tenants have identical rights to possess the property. Each joint tenant shares in possession of the entire estate, and each is entitled to an undivided share of the whole. The principal characteristic of the joint tenancy is the right of survivorship.

A joint tenancy is destroyed by partitioning ( by voluntary agreement or judicial action) OR
severance ( G-SAM)
- conveyance during life **
- signing a K for sale for your interest
- actual foreclosure by a judgment lien creditor
- executing a mortgage in a title theory state

A will/lease do not sever joint tenancy.

Question 9

Relations among Cotenants & Right to Contribution

Answer 9

Joint tenants and tenants in common have the right to possess the whole premises. They do not have to share profits made through their own efforts but have to pay cotenant if:

1) ouster of cotenant
2) tenant deleted natural resources in a way that decreases value of land
3) tenant leases land to a third party***

Right to Contribution

• for expenditures made to preserve property
  1) taxes and mortgage payments ( pay share)
  2) necessary repairs BUT NOT IMPROVEMENTS

Question 10

Terms for Years - Landlord/Tenant

Answer 10

Tenancy for a specific period of time. Can be oral unless it is for over a year. Expires automatically on the end date w/o notice

Question 11

Duties of a tenant (landlord/tenant)**

Answer 11

Tenant must 1) pay rent* and 2) must not commit waste.

**If tenant does not pay rent, landlord can evict. At common law, convenants in a lease are independant from one another, so if one party breached covenant, the other could recover damages but still hd to perform ( ie. pay rent). Modern cours are more likely to construe covenants as dependant and to excuse one’s duty (ie. to pay rent) if the other party breaches a material portion of the lease agreement.

landlord can waive duty to pay rent, excuse future rent obligations if tenant abandons property, or sue the tenant for damages ( landlord must try to mitigate his damages by re-renting premises to someone else**).

Damages: amount due and owing under common law, but some courts now allow landlord to sue for damages equal to the different between unpaid promised rent and fair rental value for the term.

Question 12

Implied Warranty of Habitability**

Answer 12

Landlords must deliver residential premises ***in a habitable condition. If they breach the warranty, the tenant can move out and terminate the lease, make repairs and offset cost, stay and reduce or withhold rent, or stay and sue for damages.

Question 13

Landlord-tenant eviction*** & constructive eviction

Answer 13

Landlord must not evict the tenant, thereby breaching the covenant of quiet enjoyment.

Constructive eviction:

1) The acts ( or failures to act) that cause the injury must be by the landlord or his agent
2) there must be a substantial interference and
3) the tenant must abandon the premises after a reasonable time

^ CAN HAPPEN IN A COMMERCIAL SETTING**

Question 14

Assignment***

Answer 14

Occurs when a tenant (assignor) grants all of his interest t the new tenant

Question 15

Non-assignment/ Non-sublease clause**

Answer 15

Enforceable but courts will read them very narrowly and will try to find a waiver if possible

Question 16

Premarital agreement

Answer 16

Prenup, can divid property any way. Only exception is it cannot limit a party’s obligation to pay child support.
Requirements:
1) in writing (exception if oral agreement is fully performed or promisee has detrimentally relied on oral agreement)
2) voluntary (spouse must receive complete info about other spouse’s property, 7 days btwn receiving agreement and signing and separate attorney UNLESS spouse received full info in writing & signed a separate doc acknowledging receipt of such info and waiving right to attorney)
3) not unconscionable
- if spousal support provision- unconscionable if no rep. by independant counsel or provision is uncons. at time of enforcement)

For other provisions - unconscionable if when executed, 1) fair, reasonable and full disclosure of property or financial obligations of other party, 2) party did not voluntarily and expressly waive in writing, any right to disclosure AND 3) part did not have or could not have had adequate knowledge of the other party’s property or financial circumstances

Question 17

Marital agreement//transmutation

Answer 17

Agreement made during marriage to alter character of an asset ( SP to CP or CP to SP). No consideration is required.
REQS:
1) Must be in writing by express declaration of spouse who interest is adversely affected. Language must be explicit and controls OR

2) gifts btwn spouses that are of a personal nature + not substantial in value (clothing, jewelry, etc. solely used by one spouse)