Parties Subject to Community Property

Question 1

Married Couples

Answer 1

Requires: Consent of two parties who have legal capacity to enter into contract of marriage

Age of consent is 18 years, anyone young must obtain court order and written consent of parent

Question 2

Void Marriage

Answer 2

Incest, bigamy, or not lawfully contracted

Question 3

Voidable Marriage

Answer 3

Under 18 years old, prior existing marriage, unsound mind, consent obtained through fraud or force, or physical incapacity

Question 4

Unmarried Cohabitants

Answer 4

Distribution of property is governed through contract principles

Express contract enforced unless based on sexual services

If no express contract, court will apply implied contract principles

Question 5

Putative Spouse

Answer 5

Party with a good faith belief based upon obejctively reasonable grounds that she is validly married

Question 6

Quasi-Marital Property (QMP)

Answer 6

Applies where there is a putative spouse; all property that would have been considered CP or QCP had the marriage been valid

CP principles apply so putative spouse gets 1/2 interest in QMP like CP

Putative spouse’s rights stop accruing when he/she discovers that marriage is invalid

Question 7

Domestic Partners

Answer 7

Treated the same as married couples under CP principles