Threshold Questions - Marital Status and Marital Domicile

Question 1

Initial paragraph and SP - Source Rule

Answer 1

CA-CP-B-DIG-S-PIR-B-SCI-SQ - (Before Devise Inheritance Gift SP Profits Issues Rent Burden Source Change Intent)

1. CA is CP state, property acquired during marriage presumed CP;
2. Before or after marriage (sepration with permant intent facts);
3. During marriage by Gift, Inheritance, Devise;
4. From SP funds;
5. Profits, Issue, and Rents of SP.
6. Burden on SP proponent to defeat CP presumption.
7. Source rule to trace;
8. Mere change in form does not change character;
9. Credit/Loans = intent of lender.
10. Acquired in SP state before CA domicile in CA is QCP - treated as CP on death or divorce.

Question 2

Characterizing assets essay approach

Answer 2

SAP

1. Source of asset;
2. Actions taken to alter character;
3. statutory Presumptions that apply to the asset.

Question 3

Valid Marriage

Answer 3

MAFC - Mutual Age Formalities Capacity

1. requires Mutual assent;
2. Sufficient age (18+)
3. legal Capacity
4. Formalities (License and Solemnization)

Question 4

Marital Economic Community (MEC)

Answer 4

BEDDLIF (Begins Ends Divorce Death Living Intent Façade)

1. Begins at Marriage;
2. Ends at Death (either spouse);
3. Divorce; or
4. Intent of either spouse not to resume coupled with conduct;
5. Living separate not required since 2017, but relevant;
6. Facade of marriage, MEC not ended.

Question 5

Fiduciary Duty

Answer 5

1. Spouses owe highest duties of good faith and loyalty;
2. Disclosure and accounting;
3. Court may award higher share of CP to remedy breach, void transaction, etc.
4. One spouse may not encumber assets with debt or otherwise dispose of them unilaterally.

SOHDARED (Spouses Owe Highest Disclosure Accounting Remedy Encumber Dispose)

Question 6

Liabilities

Answer 6

1. CP incurred during marriage, SP incurred after separation;
2. Exception for necessaries of life; or
3. If all CP sources exhausted and would be equitable;
4. Medical after separation, maybe CP;
5. If other spouse had SP for necessary, may be entitled to reimbursement.

CID-SAS-NE-CEE-MAMC-SER (CP Incurred During SP After Separation Necessaries Exception CP Exhaused Equitable Medical After Maybe CP SP Entitled Reimbursement)

NEEEMARS (Necessaries Exception Equitable Exhausted Medical After Reimbursement SP)