Marital Property

Question 1

Community Property-rights during marriage

Answer 1

• Property acquired during the marriage is held
  jointly and considered to be property of both
  spouses
• Property acquired before marriage is deemed
  separate

Question 2

Community Property- Rights at divorce

Answer 2

• Property (starting at the date of marriage) is
  divided evenly by the court.
• The separate property owned by A before the
  marriage remains A’s separate property

Question 3

Community Property- Rights at death

Answer 3

• Decedent can devise their share of community
  and separate property at death
• Surviving spouse holds the remaining
  property

Question 4

Separate Property- Rights during the marriage

Answer 4

-Property owned by spouse who brought it to marriage
* B keeps B’s property from before and during the
marriage
* A keeps A’s property from before and during the
marriage

Question 5

Separate Property- Rights at Divorce

Answer 5

• Equitable distribution of the property of the property
  owned by each spouse during the marriage.
• The separate property owned by A before the marriage
  remains A’s separate property.

Question 6

Separate Property- Rights at death

Answer 6

If A died while married to B, B could
* Take A’s property as directed by her will; or
* Receive a “forced share” of the decedent’s property
(A dies, devising all of her property to Daughter. B
can claim a forced share of A’s property. B will get
1/3 in many jurisdictions

Question 7

Tenancy by Entirety- Creation

Answer 7

Grantor conveys property to a married couple. They
hold as tenants by the entirety.
* 25 states & DC recognize. Not Washington state.

Question 8

Tenancy by Entirety- Termination

Answer 8

Death, divorce, or agreement of both spouses

Question 9

Tenancy by Entirety- Nature of Property Right

Answer 9

Each tenant has the right of survivorship
* Each tenant has the right to use the entire property
* Tenant cannot convey or devise his/her/their interests
(Question: Can a creditor reach the assets of tenancy
by the entirety?)

Question 10

Can creditors go against spouse?

Answer 10

• Whether the judgment against Kokichi was valid against his wife as well, as a tenant of the tenancy by
  the entirety

Judgment against Kokichi was not valid against his wife; “an estate by the entirety is not
subject to the claims of the creditors of one of the spouses during their joint lives”; the
conveyance was not in fraud of Kokichi’s judgment creditors.

Question 11

Gazvoda v Wright (unmarried couple)

Answer 11

Facts: Unmarried couple of 16 years with one child. Sabrina also worked building up
Bruce’s business valued at more than $1M. Sabrina sought $720K but the trial
court granted $250K. Bruce appealed.

Reasoning: Unjust enrichment theory
◦ Bruce substantially benefited from the services that Sabrina provided.
◦ Bruce and Sabrina referred to the property acquired during their cohabitation
as “ours”

Question 12

Obergefell v Hodges

Answer 12

• used due process clause of 14th amendment (liberties extend to personal identity and beliefs) (equal protection under the law)
• right to personal choice is inherent to autonomy