Multi State Problems

Question 1

Quasi Community Property

Answer 1

DIVORCE

Rule – Treated as CP (50/50). Property acquired while the couple was domiciled in a non-community property state, which would have been classified as community property had it been acquired under the same circumstances in California, is quasi-community property.

Land even qualifies. Although you can’t divide just fix the assets

DEATH
land (foreign real property) must be treated under law of first JUR

All other property is CP

DEATH OF NON-ACQUIRING SPOUSE
Must survive to get quasi community property. If you die first, you get nothing

Question 2

CLAW MARRIAGES

Answer 2

Not recognized by CA unless the CLAW marriage is validly contracted in another state.

THis means that each person would own tenants in common owning 1/2 each rahter than as married

Question 3

putative spouse

Answer 3

When you think you’re married but you’re not

Test - whteher person had a subjective belief they were lawfully married. If so, assets caquired during “marrige” are quasi-community property and when split are 50/50 split.

if the spouse is aware they are not lawfully married, then no CP ever.