Bar Prep - Community Property exam
with answers
Intro Paragraph
-California is a community property state.
-In a community property state, the marital economic
community begins upon marriage and ends at divorce,
death of a spouse, or a permanent physical separation
with an intent not to resume the marital relationship.
-Property, earnings, or debt acquired during marriage are
presumed to be community property.
-Property acquired by either spouse before marriage; by
gift or inheritance during marriage; or after divorce or a
permanent separation is presumed to be separate
property.
-Finally, property acquired by a married couple while
living in a non-CP state that would be characterized as CP
if the couple had been living in CA at the time of
acquisition is called quasi-community property.
Valid Marriage
,consent of two parties who have legal capacity (at least
18) to enter into the contract of marriage + formal legal
procedures.
T/F. CA has abolished common law marriage, but CA will
recognize a common-law marriage created in another
state.
True
Distribution of property acquired during a non-marital
relationship is governed by
general contract principles
Putative Spouse Doctrine
-A putative marriage occurs when one or both spouses
have a good faith belief based on objectively reasonable
grounds that there is a valid marriage. The spouse(s) who
have a good faith belief in the validity of the marriage is a
putative spouse. A putative spouse may rely on
community property principles. However, the putative
spouse's rights stop accruing when he/she discovers the
marriage is not valid
, · All property that would have been considered CP or
Quasi-CP had the marriage been valid would is labeled
"Quasi-Marital Property" and the putative spouse is
entitled to 1/2 at the end of the putative marriage.
Premarital Agreements
· A premarital agreement allows couples to avoid the CA
community property principles.
Requirements for a premarital agreement
-must be in writing signed by both parties
-no consideration needed
Can an oral premarital agreement be enforced?
An oral agreement may be enforced when:
(i) the promise was fully executed by the promisor or
(ii) the promisee has relied to her detriment on the oral
agreement.
with answers
Intro Paragraph
-California is a community property state.
-In a community property state, the marital economic
community begins upon marriage and ends at divorce,
death of a spouse, or a permanent physical separation
with an intent not to resume the marital relationship.
-Property, earnings, or debt acquired during marriage are
presumed to be community property.
-Property acquired by either spouse before marriage; by
gift or inheritance during marriage; or after divorce or a
permanent separation is presumed to be separate
property.
-Finally, property acquired by a married couple while
living in a non-CP state that would be characterized as CP
if the couple had been living in CA at the time of
acquisition is called quasi-community property.
Valid Marriage
,consent of two parties who have legal capacity (at least
18) to enter into the contract of marriage + formal legal
procedures.
T/F. CA has abolished common law marriage, but CA will
recognize a common-law marriage created in another
state.
True
Distribution of property acquired during a non-marital
relationship is governed by
general contract principles
Putative Spouse Doctrine
-A putative marriage occurs when one or both spouses
have a good faith belief based on objectively reasonable
grounds that there is a valid marriage. The spouse(s) who
have a good faith belief in the validity of the marriage is a
putative spouse. A putative spouse may rely on
community property principles. However, the putative
spouse's rights stop accruing when he/she discovers the
marriage is not valid
, · All property that would have been considered CP or
Quasi-CP had the marriage been valid would is labeled
"Quasi-Marital Property" and the putative spouse is
entitled to 1/2 at the end of the putative marriage.
Premarital Agreements
· A premarital agreement allows couples to avoid the CA
community property principles.
Requirements for a premarital agreement
-must be in writing signed by both parties
-no consideration needed
Can an oral premarital agreement be enforced?
An oral agreement may be enforced when:
(i) the promise was fully executed by the promisor or
(ii) the promisee has relied to her detriment on the oral
agreement.
