Quasi CP Flashcards
1
Q
Quasi CP
A
Property acq’d in non-CP state that would be CP if acq’d in CA.
Retains its SP nature until divorce/death
Foreign RE: quasi-CP in divorce, but local law gov’s if spouse dies
Only benefits non-acquiring spouse if she survives
2
Q
Common Law Marriage
A
Not recognized unless validly K in other state
- RE: tenants in common
- Governed by K law (express or implied by conduct, so long as not solely based on sex conduct)
- No K = each spouse keeps what they acquired
3
Q
Putitive Spouse
A
- Not married + one subjective good faith believes are
- Assets acquired by 2 are quasi marital property (50/50)
- Some say bad faith spouse not entitled to 1/2 CP of spouse’s labor
- Stops accruing when learns marriage invalid (but for estoppel)
- Not entitled to K benefits that go to “surviving spouse” but could have quasi marital interest in the benefits
