How to Ace FYLSE/Community Property Outline

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Introduction[edit | edit source]

California is a community property (CP) state. All assets acquired by earnings during the marriage are presumed to be CP. Assets acquired by gift, inheritance or devise or otherwise acquired before the marriage or after a permanent separation are separate property.

Marital Economic Community[edit | edit source]

Living Separate and Apart[edit | edit source]

Earnings while living separate and apart are not considered community property.

Quasi-Community Property[edit | edit source]

Property acquired in another state that would be considered CP if it were acquired in a CP state. In California, quasi-community property is treated as follows: (1) For purposes of management and control, quasi-community property is treated as separate property; (2) In cases of death or divorce, or the rights of creditors, it is treated as community property.

In 1989, Herb and Wendy married while domiciled in Montana, a non-community property state.
—F04Q2

Quasi-Marital Property[edit | edit source]

Putative Spouse[edit | edit source]

Otherwise valid marriage that is voidable for some reason such as bigamy, may allow the putative spouse who reasonably and objectively believes there is a valid marriage to have rights similar to community property.

In 1999, Herb began having an affair with Ann. Herb told Ann that he intended to divorce Wendy and marry her (Ann), and suggested that they live together until dissolution proceedings were concluded. Ann agreed, and Herb moved in with her.
—F04Q2

Meretricious relationship[edit | edit source]

In 1999, Herb began having an affair with Ann. Herb told Ann that he intended to divorce Wendy and marry her (Ann), and suggested that they live together until dissolution proceedings were concluded. Ann agreed, and Herb moved in with her.
—F04Q2

Marvin Relationship[edit | edit source]

Courts may enforce contracts between couples who are not married so long as they are not expressly based on performance of illicit sexual acts.

In 1999, Herb began having an affair with Ann. Herb told Ann that he intended to divorce Wendy and marry her (Ann), and suggested that they live together until dissolution proceedings were concluded. Ann agreed, and Herb moved in with her.
—F04Q2

Transmutation[edit | edit source]

Property can change form and be transmuted from CP to SP. The courts will consider the source of funds if they can be traceable.

After 1987[edit | edit source]

Any property in joint title is presumed CP.

After 1985[edit | edit source]

Transmutations of property requires writing.

Prenuptial Agreement[edit | edit source]

A prenuptial agreement is valid if there is a writing signed by the testator and the spouse was represented by counsel at the time that the agreement was signed. However, there is no need for separate counsel if the spouse knew of the extent of testator’s property at the time of signing the will and she specifically waived the right to counsel in writing.

Two days before the wedding, Beth executed a prenuptial agreement waiving all rights to Tim’s estate. Beth was not represented by counsel when she executed the prenuptial agreement.
—F06Q2

Anti-Lucas[edit | edit source]

After 1985, jointly titled property was considered community property absent a desire to hold it jointly. No writing was required.

In 1989, Herb and Wendy married while domiciled in Montana, a non-community property state. Prior to the marriage, Wendy had borrowed $25,000 from a Montana bank and had executed a promissory note in that amount in favor of the bank. Herb and Wendy, using savings from their salaries during their marriage, bought a residence, and took title to the residence as tenants in common.
—F04Q2

Education[edit | edit source]

While education is not CP, the CP is entitled to repayment of the education expenses if there is a time of 10 years or less because if it is less than 10 years, there is a presumption the community has not yet received all the benefits of the enhanced earning capacity from the education.

Pereira[edit | edit source]

The growth of the business is primarily due to community labor. reasonable rate of return for the SP

Van Camp[edit | edit source]

separate property appreciated

Good Will[edit | edit source]

Will[edit | edit source]

Under California law, a spouse may dispose of one half of the community property through her will.

Insurance[edit | edit source]

A term life insurance policy buys the designated protection for a term of one year. Therefore a term policy is designated CP or SP by tracing to the most recent payment. Proceeds from a whole life insurance are CP to the extent they were acquired during marriage. The time rule is applied to determine the CP interest. Proceeeds from a term life insurance policy are generally the type of the last premium paid.

Judgment[edit | edit source]