Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

CFLS > RDP, Putative Spouse, and Marital Agreements > Flashcards

RDP, Putative Spouse, and Marital Agreements Flashcards

1
Q

RDP may be applied for by _____. Both parties must file a Declaration of Domestic Partnership with the Secretary of State.

A

(1) single persons (unmarried and not in another RDP) who are in an intimate and committed relationship,
(2) over 18,
(3) not related by blood so as to make them ineligible to marry, and
(4) capable of consent

Fam. Code 297

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Both parties must be capable of consenting to registration at the _____. Process requires: Filing by parties AND receipt by Secretary of State. If party dies after signing but before receipt by the Secretary of State, _____.

A

time of presentation to the Secretary of State

consent fails

Burnham v. CalPERS (2012) 208 Cal.App.4th 1576

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

RDPs are subject to almost all of the same rights, benefits, protections, and obligations that apply to spouses, except for _____

A

the use of the word “marriage.”

Fam. Code 299(d)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A legal union of 2 persons, other than a marriage, that was validly formed in another jurisdiction, and that is substantially equivalent to a domestic partnership, _____, regardless of whether it ____.

A

shall be recognized as a valid domestic partnership in this state

bears the name domestic partnership

Fam. Code 299.2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

NJ domestic partnership ______ where the NJ statute did not extend right to support, property rights, an intestate succession scheme, and no change in tort law to grant standing to sue.

A

not substantially equivalent

Marriage of G.C. and R.W. (2018) 23 Cal.App.5th 1

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

If statutory language (of an out of state RDP) is ambiguous or reasonably susceptible to more than one interpretation, the court can look to the _____.

A

“ostensible objects to be achieved” doctrine

Acqua Vista Homeowners Assn. v. MWI, Inc. (2017) 7 Cal.App.5th 1129

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

The date of registration is equivalent to ____.

A

the date of marriage

Fam. Code 297.5(k)(1)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

The rights and obligations of RDPs with respect to a child of either of them shall _____.

A

be same as those for spouses

Fam. Code 297.5(d):

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

A child of the RDP could include a child who is not the biological child but would still have the _____.

A

same rights and obligations for the parties

Elisa B. v. Superior Court (2005) 37 Cal.4th 108

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Court has authority to order temporary or permanent spousal support _____.

A

payable to an RDP or payable by an RDP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Health insurance under CA must ____.

A

permit rights to RDP under state law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Pension plans under CA law must ______.

A

permit rights to RDP under state law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

RDP may enter into ______ pursuant to Fam. Code 1600 et. seq.

A

premarital agreements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

RDP may enter into ______ effecting transmutation subject to Fam. Code 850 et. seq.

A

postnuptial agreements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

RDPs may sue for _____ of partner pursuant to CCP 377.60(a).

A

wrongful death

Holguin v. Flores (2004) 122 Cal.App.4th 428

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

There is no _____ requirement to terminate an RDP.

A

residency

Fam. Code 298(c)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

RDP may be terminated without filing a dissolution if: ______.

A

(1) Notice of Termination filed by both parties;
(2) no children of the parties born before or during the RDP (includes adoption);
(3) RDP 5 years or less; and
(4) neither party has an interest in real property

Fam. Code 299

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

RDPs do not qualify for IRC 1041 since they are not _____.

A

spouses under Federal law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

If determined marriage is _________, the court shall (1) declare party or parties believed in good faith marriage was valid to be a putative spouse; and (2) divide property acquired during the union that would have been CP or quasi-CP if union had not been void or voidable ONLY upon the request of the putative spouse. (Quasi-marital property)

A

void or voidable and court finds either or both parties believed in good faith the marriage was valid

Fam. Code 2251

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Putative spouse is subjective based upon the belief ____, even if they learn of it later on.

A

at the time of the marriage

Marriage of Aviles & Vulovic (2022) 79 Cal.App.5th 694

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Putative spouse based on subjective good faith of ______. “In determining good faith, the trial court must consider the totality of the circumstances, including the efforts made to create a valid marriage, the alleged putative spouse’s personal background and experience, and all the circumstances surrounding the marriage.”

A

the party who believed it to be valid

Ceja v. Rudolph & Sletten, Inc. (2013) 56 Cal.4th 1112

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Only the spouse who had the _____ can be a putative spouse.

A

good faith belief

Marriage of Guo & Sun (2010) 186 Cal.App.4th 1491

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Even the spouse who did not have a _____ was entitled to status a putative spouse.

A

good faith belief in the validity

Marriage of Tejada (2009) 179 Cal.App.4th 973

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Putative spouse does not apply to _____.

A

RDP

Velez v. Smith (2006) 142 Cal.App.4th 1154

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Putative spouse does ______.

A

apply to RDP

DP of Ellis & Arriaga (2008) 162 Cal.App.4th 1000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

The court may order spousal support for the ______.

A

putative spouse

Fam. Code 2254

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Knowledge that the marriage certificate was not properly recorded alone may not _____ for purposes of length of marriage for spousal support.

A

vitiate the good faith belief

Marriage of Cantarella (2011) 191 Cal.App.4th 916

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

If a dissolution of marriage is “quashed” because there is no valid marriage, the filing of a nullity action subsequently is not the ______.

A

same “primary rights” triggering res judicata or claim preclusion

Marriage of Garcia (2017) 13 Cal.app.5th 1334

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

The court may grant fees (i.e. 2030) for the _____.

A

putative spouse

Fam. Code 2255

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

The court should bifurcate the issue of _____ on nullity grounds.

A

relationship status

Fam. Code 2251(b)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

The Family Code cannot delineate the property rights of nonmarital partners. However, (a) the courts should enforce contracts between ______ and (b) that in the absence of an express contract, the courts should look to the _______ to determine whether or not that conduct demonstrates “an implied contract, agreement of partnership or joint venture, or some other tacit understanding between the parties. Among the remedies, the court suggested that principles of ______ might be employed by the courts.

A

nonmarital partners

conduct of the parties

constructive trust, resulting trust or quantum meruit

Marvin v. Marvin (1976) 18 Cal.3d 660

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Temporary support in a Marvin action requires a party to prove that ______ and that the party would be irreparably harmed if injunctive relief was denied. It must meet the standard of _____.

A

damages would fail to provide an adequate remedy

injunctive relief

Friedman v. Friedman (1993) 20 Cal.App.4th 876

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

A Marvin action may be brought to pursue _____ of a property agreement. Proof of a Marvin agreement for an interest in property contrary to record title must be made by ______ evidence.

A

specific performance

“clear and convincing”

Byrne v. Laura (1997) 52 Cal.app.4th 1054

34
Q

A Marvin action requires _____ and a showing that consideration for a Marvin agreement is separable from the _____.

A

cohabitation

sexual part of the relationship

Bergen v. Wood (1993) 14 Cal.App.4th 854

35
Q

Only required to show there is evidence the contract rested at least ______ to validate a Marvin agreement.

A

in part on something other than sexual services

Alderson v. Alderson (1986) 180 Cal.App.3d 450

36
Q

Living together full time is not required. Cohabitation for a Marvin action can be shown by _____ based upon convenience, custom, and geographic considerations.

A

a part time cohabitation arrangement

Cochran v. Cochran III (2001) 89 Cal.App.4th 283

37
Q

The breach occurs when one partner _____. Marvin actions may be brought by _____.

A

terminates the relationship.

same sex couples

Whorton v. Dillingham (1988) 202 Cal.App.3d 447

38
Q

An agreement based upon _____ may be rendered unenforceable if there is no severability clause.

A

unlawful sexual services or other unlawful considerations

Chiba v. Greenwald (2007) 156 Cal.App.4th 71

39
Q

Fraud claims related to nonmarital apartments must be brought within ______ of discovery of the fraud.

A

3 years

CCP 338(d)

40
Q

Quantum meruit claims must be brought within ____ where an obligation is not founded on a written instrument.

A

2 years

CCP 339(1)

41
Q

Claims for constructive, resulting, or equitable trust are subject to a _____ statute of limitation.

A

4 year

CCP 343

42
Q

A claimed oral agreement may be subject to the statute of frauds if ______

A

(1) cannot be performed within one year,
(2) requires the party to answer for the debt of another,
(3) involves a contract for sale or lease of real property for more than one year,
(4) involves an agreement to create a joint tenancy, or
(5) involves a contract to create a trust for real property.

Cal. Civil Code 1624

43
Q

_______ may preclude the application of a statute of limitations or statute of frauds i.e. if one party induced the other from filing suit.

A

Equitable estoppel

McMackin v. Ehrheart (2011) 194 Cal.App.4th 128

44
Q

Except as otherwise provided by law, burden of proof requires proof by a _____.

A

preponderance of the evidence

Evidence Code 115

45
Q

Owner of the legal title to property is presumed to be the ____. This presumption may be rebutted only by ______.

A

owner of the full beneficial title

clear and convincing proof

Evidence Code 662

46
Q

Premarital Marvin claims are not _____.

A

extinguished by marriage

Watkins v. Watkins (1983) 143 Cal.App.3d 651

47
Q

Marvin actions may be ______.

A

consolidated with the dissolution action

Marriage of Johnson (1983) 143 Cal.App.3d 57

48
Q

Marvin actions may be brought against a _____.

A

decedent’s estate

Byrne v. Laura (1997) 52 Cal.app.4th 1054

49
Q

Code to pursue a petition to determine distribution rights.

A

Probate Code 11700 et. seq.

50
Q

Code to assert creditor claims against an estate.

A

Probate Code 9000 et. seq.

51
Q

A rehabilitative award for occupational rehabilitation, without an agreement of the parties for this to occur, was ______ permission under a Marvin action.

A

not within the scope of equitable remedies

Marvin v. Marvin II (1981) 122 Cal.App.3d 871

52
Q

Marvin action cannot pursue a claim based on loss of _____.

A

consortium or damages for negligent infliction of emotional distress

Elden v. Sheldon (1988) 46 Cal.3d 267

53
Q

Marvin action cannot make a claim for _____.

A

wrongful death

Garcia v. Douglas Aircraft Co. (1982) 133 Cal.App.3d 890

54
Q

Property rights of spouses prescribed by statute may be altered by a ______.

A

premarital agreement or other marital property agreements

Fam Code 1500

55
Q

Valid contract requires four elements: ____.

A

(1) contractual capacity;
(2) valid consent;
(3) lawful object; and
(4) consideration

Civil Code 1550

56
Q

“Apparent consent” is invalid if obtained by: ____.

A

(1) duress;
(2) menace;
(3) fraud; or
(4) undue influence

Civil Code 1567

57
Q

_____ is (1) Unlawful confinement of the person of the party, or of the spouse of such party, or of an ancestor, descendant, or adopted child of such party or spouse or (2) Unlawful detention of the property of any such person.

A

Duress

Civil Code 1569

58
Q

_____ consists in a threat: (1) Of such duress…; (2) Of unlawful and violent injury to the person or property of any such person as is specified in the last section; or, (3) Of injury to the character of any such person.

A

Menace

Civil Code 1570

59
Q

____ consists of the following acts with intent to deceive another party thereto, or to induce him to enter into the contract: (1) Knowingly suggesting that which is untrue, as fact; (2) Positive assertion of that which is untrue, though he believes it to be true; (3) Knowingly suppressing the truth; (4) Promise made without intention of performing it; or (5) Any other act to deceive.

A

Fraud

Civil Code 1572

60
Q

______ is (1) the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over him, of such confidence or authority for the purpose of obtaining an unfair advance over him; (2) taking an unfair advantage of another’s weakness of mind; or, (3) taking a grossly oppressive and unfair advantage of another’s necessities or distress.

A

Undue influence

Civil Code 1575

61
Q

______ is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in: (1) An unconscious ignorance or forgetfulness of a fact past or present, material to the contract; or, (2) Belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.

A

Mistake of fact

Civil Code 1577

62
Q

_____ is a mistake only when it arises from: (1) A misapprehension of the law by all parties, all supposing that they knew and understood it, and all making substantially the same mistake as to the law; or, (2) A misapprehension of the law by one party, of which the others are aware at the time of contracting, but which they do not rectify.

A

Mistake of law

Civil Code 1578

63
Q

A premarital agreement shall be ______. It is enforceable without consideration.

A

in writing and signed by both parties

Fam. Code 1611

64
Q

Statute of frauds exceptions may apply to a _____ despite Fam. Code 1611.

A

premarital agreement

Hall v. Hall (1990) 222 Cal.App.3d 578

65
Q

Premarital agreement cannot affect _____.

A

child custody or visitation

Fam. Code 1612(b)

66
Q

SS Waiver unenforceable if unconscionable at the ____ or the party waiving did not have independent counsel.

A

time of enforcement

Fam. Code 1612(c)

67
Q

Premarital agreement is not enforceable if the party against whom enforcement is sought proves that party did not _____.

A

execute the agreement voluntarily

Fam. Code 1615(a)(1)

68
Q

Pre-2002 premarital agreement invalid if: _____.

A

(1) unconscionable at time of execution;
(2) did not receive full disclosure;
(3) did not waive disclosure in writing; and
(4) lacked adequate independent knowledge

Fam. Code 1615(a)(2)

69
Q

Shall be deemed that premarital agreement was not voluntary unless: (1) independent counsel or advisement to seek independent counsel at least ______ and (2) 2002-2020: Not less than 7 calendar days between receiving final agreement and ______ OR On or after 2020: Not less than 7 calendar days between presented with final agreement and time signed, regardless _____.

A

7 calendar days before the final agreement signed

advice to independence counsel and signature

of whether represented by independent counsel

Fam. Code 1615(c)

70
Q

Prior to 2002, _____ is not limited to the time of the execution of the agreement (as former 1612) but to the extent it is not inconsistent with Legislative declarations.

A

unconscionability

Marriage of Zucker (2022) 75 Cal.App.5th 1025

71
Q

2000-2001: Premarital agreement will be valid if: (1) the party waiving is ______ and explanations; (2) the party waiving was _____ by the other prior to marriage; (3) the party waiving was sufficiently aware of statutory rights and how the agreement would adversely affect them; and (4) waiver to seek independent counsel sufficient if either _____, thoroughly describing the matter.

A

intelligent and understands the agreement

aware of the separate property held

reads each paragraph or have it read

Marriage of Bonds (2000) 24 Cal.4th 1

72
Q

It is enough to conclude that no public policy is violated by permitting enforcement of a _____ executed by intelligent, well-educated persons, each of whom appears to be self-sufficient in property and earning ability, and both of whom have the advice of counsel regarding their rights and obligations as marital partners at _____.

A

waiver of spousal support

the time they execute the waiver

Marriage of Pendleton & Fireman (2000) 24 Cal.4th 39

73
Q

Even if premarital agreement transmutes residence to CP, unless explicitly agreed to in the premarital agreement, _____.

A

reimbursement under 2640 not waived

Marriage of Carpenter (2002) 100 Cal.App.4th 424

74
Q

Except as otherwise provided by law, spouses cannot contract with each other, _____, except as to property.

A

alter their legal relations

Fam. Code 1620

75
Q

Agreements for payment/terms related to infidelity are _____.

A

invalid as California is no-fault state

Diosdado v. Diosdado (2002) 97 Cal.App.4th 470

76
Q

Agreements for payment/terms related to drug use are _____.

A

invalid as California is no-fault state

Mehren & Dargan (2004) 118 Cal.App.4th 1167

77
Q

If Spouse A obtains an unfair advantage over Spouse B by means of an interspousal transaction, the transaction is ____ – and therefore unenforceable – unless Spouse A rebuts the presumption by proving that Spouse B entered the transaction: ____.

A

presumed to be a product of undue influence

(1) Freely and voluntarily,
(2) With a full knowledge of all relevant facts, and
(3) With a complete understanding of all legal effects

Haines/Delaney Doctrine

78
Q

Duress found where wife dictated agreement to husband while he transcribed and compelled him by ______ and prevent him from seeing the kids.

A

screaming for 45 minutes,
physically striking him, and
threatening she would divorce him

Marriage of Balcof (2006) 141 Cal.App.4th 1509

79
Q

A transfer made … by a debtor is voidable … if the debtor made the transfer …: _____.

A

(1) with actual intent to … defraud any creditor of the debtor

Civil Code 3439.04(a)

80
Q

A transfer made … by a debtor is voidable … if the debtor made the transfer … without receiving a reasonably ______… and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer….

A

equivalent value in exchange for the transfer

Civil Code 3439.05(a)

81
Q

Court found that UVTA applies to _____.

A

postnuptial agreements

SBOE v. Woo (2000) 82 Cal.App.4th 481

premarital agreements

Sturm v. Moyer (2019) 32 Cal.App.5th 299

82
Q

Court found that the _____ applies to MSAs.

A

UVTA

Mejia v. Reed (2003) 31 Cal.4th 657

CFLS (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions