Multistate Problems/Conflict of Law

Question 1

Quasi Community Property

Answer 1

Property acquired by either spouse which would have been classified as community property had it been acquired in CA, is quasi community property

Retains SP nature when parties domicile in CA. only becomes quasi CP upon divorce or death

Question 2

Foreign Real Property upon Divorce

Answer 2

CA divorce court has power to distribute all community and foreign quasi-community realty.

At divorce, CA trial court will: (1) divide all CP and quasi-CP in such a way that it is not necessary to alter the nature of the interest held in the foreign real property; OR (2) if (1) isn’t possible, court may require parties to execute conveyances as necessary to divide the out of state realty or award to the party who would have benefitted from the conveyance the money value of her interest

Jurisdiction is not an issue

Question 3

At Divorce

Answer 3

quasi CP is treated exactly as though it were CP.

Applies even if one spouse is not domiciled in CA

Question 4

At death

Answer 4

survivor has a one-half interest in decedent’s uasi-CP

Decedent has no rights in the survivor’s quasi-CP

Question 5

Foreign Real Property upon death

Answer 5

Normally probated in ancillary administration in the state in which the realty is located according to the laws of that J*

NOTE: when a spouse owning out state property exchanges it for CA property, the new property becomes CP or quasi-CP

Question 6

Common law marriage

Answer 6

When people live together and hold themselves out as married. NOT RECOGNIZED IN CA

Exception: when common law marriage was validly contracted in another state

Question 7

Putative Spouse

Answer 7

Not lawfully married, but has an objectively reasonable and subjectively good faith belief that she is lawfully married

Once realize you’re not married, can’t say you are a putative spouse

If applies, assets considered quasi-marital property, split 50-50, same as CP

If not putative spouse, absent a express or implied K, partners keep what they acquire as SP

Question 8

Contracts between unmarried cohabitants

Answer 8

Can govern property relationships for unmarried cohabitants and K analysis must be done

Exception: can’t have K based explicitly on sexual services, void against public policy