Kaplan Pgs 156-165 Dissolution Flashcards
What are the two grounds that California recognizes for divorce?
– Irreconcilable differences caused by the irremediable breakdown of the marriage
– incurable insanity
How long does a fiduciary obligation remain to the other spouse?
Until the property is divided, regardless of how long after separation or dissolution this occurs
If a spouse is convicted of attempting to murder, or soliciting the murder of the other spouse, the other spouse is entitled to what?
An award of 100% of the community property interest in his own retirement and pension benefits
If the community’s debts exceed the total community assets, what usually happens?
The excess debts are assigned as the court deems equitable depending on each party’s ability to pay
How is quasi-community property treated with regard to debt?
The same way that community property is treated
How does a court usually deal with the liabilities of the community estate on dissolution?
First it orders that the community debt be paid from the liquid assets of the community, then it divides the remaining community assets equally to satisfy the debts
If a married person causes injury or damage to a third person, is his spouse vicariously liable?
No
If one spouse contributed separate property to an item, and on divorce he is seeking reimbursement, how much can he get back?
He can generally be reimbursed the amount that he paid, without interest or any adjustment for a change in value, BUT this cannot exceed the net value of the property at the time of division.
Ie: if a husband used $8000 of his inheritance money to help purchase a boat during the marriage, divorce, if the boat is worth only $6000, then the husband cannot be reimbursed more than the $6000
How does interest work when the community is being reimbursed for contributions made to one spouse’s education?
The amount reimbursed is with legal interest at the legal rate, accruing from the end of the calendar year that contributions were made
What are the three situations when the community will not get reimbursement for educational expenses upon dissolution?
– if the community already benefitted from the education
– if the other spouse got a community funded education
– if the need for spousal support was reduced by the education
If someone enters a new marriage with an existing spousal support obligation or child support obligation from a previous marriage, how is it treated and how is it paid?
It is treated as a debt that was incurred before marriage and it is paid from that spouse’s separate property when possible
What happens when one spouse dies?
That terminates the community, so 1/2 of the community property or quasi-community property then belongs to the surviving spouse, and the other half belongs to the decedent to pass either by will or intestacy in addition to his separate property
If the will of a deceased spouse tries to dispose of more than he is entitled to convey under community property laws, what can the surviving spouse do?
Elect to keep the property that he is entitled to by law, instead of take under the provisions of the will
What is the difference between how property is divided when it is happening because of death or because of divorce?
– death: the surviving spouse has a 1/2 interest in EACH item of community property
- divorce: the surviving spouse gets a 1/2 interest in the AGGREGATE net estate
Is a declaration in a will of one spouse about the character of property effective?
No
