Multistate problems

Question 1

Property acquired when domiciled in a non-community property state and now move to CA:

Answer 1

Becomes ‘quasi-community property’ treated same as CP

Question 2

Division on DIVORCE: what do you do about foreign non-community property jx for real property

Answer 2

quasi-community property subject to 50/50 division

Question 3

Division on DEATH: what do you do about foreign non-community property jx for real property

Answer 3

division on death Kansas law applies so if non-CP jx, does not have the 50/50 split

Question 4

Moving from another CP state:

Answer 4

Treated as true CP

Question 5

Holding yourself out as married but not:

Answer 5

No CP, no common law marriages

Question 6

What if the guy says “I don’t want to marry but if you move in with me we’ll have the benefits of marriage” and she does it on reliance, then he breaks up with her what law applies?

Answer 6

K law to look at whether there was a K between the parties

Question 7

What if spouse lies saying there is common law marriage in a jx and spouse relies on it? what is spouse called?

Answer 7

putative spouse, did she have an objectively reasonable/good faith belief they were lawfully married? IF YES: quasi-marital property are the assets she gets, 50/50 split. If NO they are unmarried cohabitants, he gets to keep it all.