Reimbursements to Community

Question 1

Acquisition of property?

Answer 1

Spouses who contributed SP to acquisition of CP, will be reimbursed to the extent traceable.

If asset was taken in joint title, SP may be reimbursed for contribution (anti-lucas)

Question 2

Improvement: CP to own SP

Answer 2

If CP is used to improve own SP, community entitled to reimbursement

Question 3

Improvement: CP to other SP

Answer 3

split authority, no reimbursment (gift presumed) or reimbursemnt (modern)

Question 4

If SP improved CP

Answer 4

SP has a right to reimbursement

Question 5

If SP improved another’s SP

Answer 5

SP has a right to reimbursemnt

Question 6

Will the community be reimbursed for community contributions made to the education or training of a party?

Answer 6

Yes - the community will be reimbursed fro community contributions made tot eh education or training of a party that substantially enhances the earning capacity of that party.

Question 7

Rebuttable presumption for education or training

Answer 7

Rebuttable presumption: Community has not substantially benefited from community
contributions made less than 10 years before divorce.

No reimbursement if CP has substantially
benefitted (e.g., 10 years have passed)

Rebut if < 10 years with facts indicating “substantial” earnings or how hard the spouse
worked at the profession as a factor → can prevent reimbursement to CP

Question 8

Payment or debts? When can they be reimbursed?

Answer 8

CP is applied to satisfy spousal support or child support from prior relationship (treated as debt incurred
before marriage) and debtor spouse had SP available to pay the debt

SP of non-debtor is used to satisfy debtor spouse’s separate debt for necessaries when his SP or CP share is
available, non-debtor spouse is entitled to reimbursement

Question 9

Disposition of property at divorce?

Answer 9

CP is divided “in kind”; each spouse is entitled to receive one-half interest in CP asset

EXCEPTIONS: liabilities > assets, misappropriation by spouse, educ. debts & tort liab. assigned to spouse

Question 10

Disposition of property at death?

Answer 10

Amount surviving spouse (SS) receives based on whether there was a will or not
i. Death of a married person terminates the CP character of any of his property, but form of title controls
ii. By will, decedent may dispose of his half CP + all SP. SS is entitled to her half of CP
iii. SS of intestate decedent is entitled to all CP + at least one-third of SP, depending on # of issue and parents