Community Property Outline #1 | Free Law School Outlines

 

community property outline

This is an extract of our Community Property Bar Outline document, which we sell as part of our Community Property - Bar Exam Outlines collection written by the top tier of . c. Community Property (CP) i. Property is presumptively CP if it was acquired during marriage or temporary separation. ii. You can overcome the CP presumption through statutory evidence, written title evidencing a gift, an agreement that the property is SP, or purchase funds traced to an SP source. d. Quasi-Community Property (QCP) i. Community Property Outline – From Notes Basics of Community Property Doctrine Fundamental premise of CP is that spouses are partners and equal owners of the property acquired during the marriage Separate Property/Common Law jdx o You earn it you own it o Titled in your name you own it.



Oxbridge Notes uses cookies for login, tax evidence, digital piracy prevention, business intelligence, and advertising purposes, as explained in our privacy policy, community property outline. Someone recently bought our. Due to the challenges of extracting text from PDFs, it will have odd formatting:.

There is a Presumption that all property acquired during marriage is Community Property, community property outline. In Community property outline, all property acquired during marriage is community property, community property outline.

Separate Property is property acquired before marriage or after permanent separation, or acquired by gift, bequest, devise or decent with rents issues and profits thereon. Married - Capacity, License, Witnessed ceremony, Registered with the county recorder. Exception - CA recognizes valid common law marriages from another state. Exception - CA recognizes same sex marriages as valid that occurred after the In re Marriage Cases community property outline before the effective date of Proposition 8.

Domestic Partnership - All laws pertaining to married persons apply to DP's. Include - 1 Same Sex couples, or 2 Elderly who receive social community property outline benefits. Quasi-Marital Property. Quasi-marital property - property acquired during a putative marriage which would have been community property if the marriage was NOT void.

Treat as CP, community property outline. Putative Spouse - When a spouse has an objectively reasonable and good faith belief that they are married but through no fault of their own they are not.

Community property outline -created to deal with equitable situations. Rule - Courts should enforce express contracts between non-marital partners, unless the contract is founded on illegal sexual services.

If no contract exists, courts look to see if the parties' conduct demonstrates a tacit understanding of an implied contract. Examples - Cohabitation with no marriage, Same sex Community property outline. Irretrievably Broken - The economic community ends when:. Intent NOT to resume the marital relationship a, community property outline. Note - Parties may agree as to the date of separation, community property outline.

Court shall only confirm SP assets back to the SP holder b. The court has NO right to divide SP i. Continuing Jurisdiction - The court has continuing jurisdiction to award CP that was not previously adjudicated. Exceptions: i. Economic Circumstances Warrant - When economic circumstances warrant, the court may award an asset of CP to one party and cash out or order payments to the other party.

Use - This exception is used when a major item of community property is NOT reasonably subject to division and there is a critical need to maintain the asset.

Educational Expenses - the community is entitled to reimbursement for actual costs incurred for educational expenses tuition and books IF: a. The education substantially enhances your earning capacity, AND b. Within the 10 years from the completion of education i. Tort Liability - The community is subject to the tort liability of either spouse.

The innocent spouse is NOT personally liable, community property outline. Note - what is important is date when injury occurred and not when monetary recovery date is, community property outline.

Negative Community - When community liabilities exceed assets, the relative ability of spouses to pay the debt is considered. Death - The surviving spouse has a one-half interest in the decedent's quasi community property. Decedent has NO rights in the survivor's quasi community property. Jurisdiction - CA court has personal jurisdiction over the spouse and may order him to execute any conveyance necessary.

Rule - The court shall value assets and liabilities as close to the time of trial at practicable. Exception - Closely held business is valued at Separation. GIFTS - The court has the ability to determine if the gift is truly a gift or if it is given because of work preformed. If given for work performed than it is CP. Funds - Does not matter where the funds came from. Rationale - Husband had control over assets. If the property is placed in Wife's name alone or in Wife's name and a 3rd parties, it must be that he intended to make it that way.

Rebuttable Presumption - this presumption is rebuttable by the husband as against the wife, but NOT as against third party bona-fide purchasers. Community Property Presumption - All property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is CP. Rebuttable Presumption - Spouse may overcome the presumption by preponderance of the evidence by tracing the separate property acquisition of the property. Commingled Funds - Difficult to prove acquisition with SP funds.

Must use one of two accounting methods to overcome the presumption of CP: a. Exhaustion - All of the CP funds have been exhausted from the account. Family Expense Presumption - Presumption that expenditures for family expenses were made with CP funds.

Presumption community property outline be rebutted by:. Written Agreement declaring that the property is meant to be SP Essay Quote - "California allows spouses to opt out of CP characterizations by agreement. Agreements made before marriage are governed by the Uniform Premarital Agreement Act. Agreements made during marriage to change the character of an asset are called Transmutations. Scope of Agreement i. Can waive nearly ANY rights and assets i.

Include anything that violates public policy Encourages divorce b. Pre-nuptial Agreement Requirements i. In Writing and Signed by both parties. Exceptions: 1 The executor promise is fully performed, or 2 Estoppel based on detrimental reliance, community property outline. Note - Marriage alone is not sufficient performance c. Buy the full version of these notes or essay plans and more in our Community Property - Bar Exam Outlines.

Technical settings. Someone recently bought our community property outline are currently browsing our notes. CA recognizes a marriage from another jurisdiction Except for same sex marriages 2. Domestic Partnership - All laws pertaining to married persons apply to DP's 1. Filing - Declaration of domestic partnership with the Secretary of State 2. Quasi-Marital Property 1. Treat as CP 2. Irretrievably Broken - The economic community ends when: 1, community property outline.

Permanent physical separation, AND 2. Examples - Family residence, Business, Pension. Statutory Exceptions 1. Misappropriation - One spouse misappropriates CP either before or during divorce.

The innocent spouse is NOT personally liable 4. Presumption may be rebutted by: 1. Address child custody, visitation or support 2. In Writing and Signed by both parties 1. Community Property Bar Mini Outline. Community Property Bar Outline.

 

 

community property outline

 

This is an extract of our Community Property Bar Outline document, which we sell as part of our Community Property - Bar Exam Outlines collection written by the top tier of . Oct 13,  · Community property system: H & W own significant portion of the property jointly unless they agree to hold it separately. Tracing; Community property naturally includes all property acquired by a married person through the use of his or her time, energy and skill. Time, energy and skill may be viewed as the primary community property asset. c. Community Property (CP) i. Property is presumptively CP if it was acquired during marriage or temporary separation. ii. You can overcome the CP presumption through statutory evidence, written title evidencing a gift, an agreement that the property is SP, or purchase funds traced to an SP source. d. Quasi-Community Property (QCP) i.