Preamble - Basic Presumptions

Question 1

What should be said as an introduction to an essay?

Answer 1

California is a community property state.

There is a presumption that all property acquired during the marriage by either party is community property.

Property acquired before the marriage or by gift, devise, or bequest is presumed separate property.

At divorce, community assets are divided equally unless a rule or agreement between the spouses requires division otherwise.

Question 2

What is the presumption for quasi community property?

Answer 2

Quasi community property is property acquired by either spouse that would have been CP if the spouse had been domiciled in California at the time the property was acquired. It is treated like CP.

Question 3

When does the marital economic community end?

Answer 3

The marital economic community ends at death, divorce, or when a spouse expresses intent to end the marriage and the spouse’s conduct is consistent with her/ her intent to end the marriage.

Question 4

What is the marital economic community?

Answer 4

Legal “community” of married people.

The marital economic community beings at marriage and ends at divorce or when a spouse expresses intent to end the marriage and the spouse’s conduct is consistent with her/her intent to end the marriage.

Question 5

Married woman special presumption:

Answer 5

If property taken in wife’s name alone before 1/1/1975, presume SP.

Exception: intent other than a gift is shown or where the wife controlled how title was taken.