PMA

Question 1

FC 2581

Answer 1

All property acquired in joint and equal form is presumed to be CP and may be rebutted by a clear statement in the deed that the property is SP, or proof that the parties made a written agreement that the property is SP

Question 2

FC 1610

Answer 2

PMA is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage

Question 3

FC 1612(c)

Answer 3

> 1/1/02: Waiver of SS in PMA is unenforceable w/o independent counsel or if the provision is unconscionable at the time of enforcement

Question 4

Marriage of Howell

Answer 4

Pre 1/1/02 waiver of SS is enforceable

Question 5

FC 1611

Answer 5

PMA must be in writing; DNR consideration

Question 6

Waiver of SS 1986-1982

Answer 6

Not presumptively invalid

Question 7

Post-2002

Answer 7

FC 1612(c)

Question 8

Estate of Wilson

Answer 8

DP agreement remained valid after marriage just like PMA

Question 9

IRMO Carpenter

Answer 9

Absent written waiver FC 2640 applies

Question 10

Cadwell-Faso & Faso

Answer 10

Independent representation and multiple drafts does not invalidate addendum presented less than 7 days before M

Question 11

FC 852(a)

Answer 11

Except for personal property items of nominal value, transmutation of real or personal property is valid only if there is a writing by an express declaration that is joined in, consented to, or accepted by the spouse whose interest is adversely affected

Question 12

Estate of MacDonald

Answer 12

Adversely affected spouse’s “express declaration” must contain language that expressly states characterization or ownership of the property is being changed (adoption agreement in IRA was not an express declaration)

Question 13

Transmutation

Answer 13

Valid TM pursuant to 852(a) requires:

1. Writing
2. Express declaration
3. Joined in, consented to, or accepted

Question 14

Estate of Bibb

Answer 14

Word “grant” in deed, w/o extrinsic evidence, was sufficient for valid TM; DMV printout was insufficient

Question 15

TM - Undue influence

Answer 15

Advantaged spouse has the burden of proving the alleged TM was not the product of undue influence

Question 16

FC 852(c)

Answer 16

Gifts (tangible articles of personal nature) used solely or principally by spouse to whom the gift is made and that is not substantial in value taking into account the circumstances of the marriage

Question 17

IRMO Buie & Neighbors

Answer 17

Porsche is not an article of personal nature within the meaning of 852c

Question 18

Starkman

Answer 18

General assignment provision in trust that did not expressly state characterization or ownership was being changed and did not identify subject property was not a valid TM

Question 19

Holtemann

Answer 19

Transmutation agreement in trust made conditional upon death is valid TM

Question 20

FC 760

Answer 20

All property acquired DM while domiciled in CA is CP

- Rebuttable by proof to a preponderance of the evidence

Question 21

IRMO Ettefagh

Answer 21

FC 760 Presumption that all property acquired DM is presumptively CP is rebuttable by preponderance of the evidence

Question 22

Valli

Answer 22

FC 760 trumps EC 662 (owner of legal title presumed to be owner to full beneficial title)

Question 23

Preponderance of the Evidence

Answer 23

More evidence in favor than against the existence or nonexistence of fact in issue (more probable than not)

Question 24

Clear and Convincing

Answer 24

Evidence so clear as to leave no substantial doubt or sufficiently strong to command the unhesitating assent of every reasonable minds or a high probabiility

Question 25

FC 771

Answer 25

Earnings and accumulations while living separate and apart are SP

Question 26

FC 2102(a)

Answer 26

Disclosure duties from DOS through date of division

Question 27

Mixed Security

Answer 27

If evidence shows that lender relied to any extent on CP in making the loan, then presumption applies and all proceeds will be CP
Grinius

Question 28

IRMO Grinius

Answer 28

If evidence shows that lender relied to any extent on CP in making the loan, then presumption applies and all proceeds will be CP

Question 29

Remedy for violation of Fiduciary Duty

Answer 29

1101

(g) 50% plus AF&C at date of highest value
(h) 100% w/ fraud, oppression, or malice