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Community Property

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Community Property. Richard M. Cartier. San Joaquin College of Law. Class 13 ... Property that would have been community property if acquired during marriage ... – PowerPoint PPT presentation

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Title: Community Property


1
Community Property
  • Richard M. Cartier
  • San Joaquin College of Law
  • Class 13 611-699

2
Four kinds of relationships
  • Lawful marriage
  • In California
  • Outside of California
  • Putative Relationship
  • Good faith belief in existence of a valid
    marriage
  • Nonmarital relationship
  • Registered Domestic Partners
  • /No common law marriage in CAL but Full Faith
    Credit

3
Five characterizations of property
  • Separate property
  • Community property
  • Community Estate Personal Injury Damages
  • Quasi-marital property
  • Quasi-community property

4
Quasi-community property
  • Property that would have been community property
    if acquired during marriage while domiciled in
    California
  • Constitutional and statutory limitations on QCP
  • On disso Fam Code 125
  • On death Probate Code 66

5
QCP case law handout
  • Thornton p. 643 QCP statute unconstitutional
  • Addison p. 650 Current statute is
    constitutional
  • Roesch p. 657
  • But see Martin (an Arizona case) p. 660
  • Jacobsen p. 666
  • Fransen p. 669
  • Ben-Yehoshua p. 675
  • /Discussion notes

6
Turn the tables
  • California spouses acquire out-of- state property
  • Property is characterized at time of acquisition
    based on the law of the parties domicile
  • California spouses move to a common law state and
    choose to divorce or die there
  • How should a common law court treat property
    acquired in a community property state by
    domiciliaries
  • See note 2, p. 680

7
Distribution on death
  • Recapture of unauthorized gifts
  • Dargie v Patterson p. 611
  • Widows election
  • Estate of Prager p. 616
  • Estate of Wolfe p. 618
  • /Apportionment of debts 626-630
  • /Ancestral Property Succession Statute 630-634
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