MULTISTATE PROBLEMS/CONFLICT OF LAWS & PROPERTY ACQUIRED OUTSIDE THE MARITAL RELATION Flashcards
quasi community property
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
On divorce, quasi community property is treated…
the same as true community property, and
divided 50-50.
As to the farm in Kansas (“foreign real property”), for purposes of division on death, foreign real property…
Foreign law controls
Does the non-acquiring spouse have any power of disposition over quasi-CP if she dies before the acquiring spouse?
No
The quasi-CP system gives protection only if The non-acquiring spouse survives the acquiring spouse
How does CA treat common law marriages?
It doesn’t recognize them
When does CA recognize a common law marriage?
Where common law marriage was validly contracted in another state
How do common law married couples hold property?
TC - they cant hold CP
Marvin and Michelle have gone out for five years. When Michelle asks about marriage, Marvin replies, “Out of the question. I’ll tell you what, though. If you will move in
with me, cook and clean for me and … provide other services, we can have all of the benefits of marriage anyway.” Michelle does so, even though it means forsaking a promising acting career. Ten years later, they split. In the meantime, Marvin has accumulated assets worth $400,000 from selling tax shelters.
What law applies
K rights apply - ok as long as not for sexual services
After Daphne moved from Texas to California, she met and fell in love with Luther, an attorney. When Daphne asked about marriage, Luther (knowing it to be false) told Daphne that they did not need to go through a ceremonial marriage because California recognizes
common law marriages. On that basis, Daphne moved in with Luther, and they lived together as husband and wife for ten years – when Daphne learns the truth and moves out. During their ten years together, Daphne and Luther acquired property worth $200,000 from Luther’s
earnings.
In a relationship with Luther, Daphne is called a
Putative Spouse
Test to determine if she is a putative spouse?
whether she had an objectively reasonable and good faith belief that they were lawfully married.
If a person qualifies as a putative spouse - how is property held?
Quasi community property
Hows quasi CP split?
50/50
One California Court of Appeal case has held that if Luther was “bad faith partner,” he is not entitled to ½ property earned by her labor (which would otherwise be CP, subject to 50/50 split).
