Missed Essay Subjects

Question 1

Tracing

Answer 1

When arguing property is one spouses over another, argue tracing to trace back funds to an account

Question 2

When not married but cohabitants

Answer 2

Community Property law doesn’t apply, but K law does, so the court will honor any express K between the parties OR if there is no express K, can prove K implied by behavior of the parties or agreement of partnership or joint venture.
An enforceable K can be formed b/w two cohabitants when there is an agreement supported by consideration which is more than sexual services

Question 3

When one spouse messes up

Answer 3

Discuss Fiduciary duty: management/control of CP, each spouse subject to fidcuiary rules governing confidential relationships. Highest good faith and fair dealing b/w parties, neither can take advantage of another.

Question 4

Debts, how to distribute

Answer 4

Look to see if incurred for the benefit of the community, if NOT, court will consider that debt SP of the bad spouse
CP and the SP of the debtor is liable on debts, SP of spouse is NOT liable on debts.

Question 5

When does court consider marriage to be over?

Answer 5

Court only considers it a termination of marital economic community if there is a permanent physical separation AND an intent not to resume the marital relationship. (unilateral intent is fine, but must be communicated to other spouse)

Question 6

What does it take to change property from CP to SP or vice versa?

Answer 6

Transmutation: In writing and EXPRESSLY state that transfer is taking place

Question 7

Prenups:

Answer 7

Must be a signed writing by both parties, each repped by independent counsel, they know extent of each other’s property, valid waiver in writing, and 7 days allowed before forcing it to be signed

Question 8

What are the two business valuations called?

How do they work?

Answer 8

Pereira analysis, and Van Camp
Pereira= Personal skill/effort increased value of business. SP = the initial investment + interest on the investment at 10%, rest is CP.
Van Camp = Valuable Company, no effort.
Formula for CP = The reasonable value of spouse’s services (CP) minus family expenses paid using the salary minus any actual salary taken = Community property, the rest is SP.

Question 9

Transmutation

Answer 9

Valid signed writing indicating change in ownership (duty of good faith/fair dealing owed) and accepted by spouse with detriment

Question 10

Debt for hospitalization after marriage ends:

Answer 10

This is a ‘necessity of life’ therefore he is on the hook for it.