California - Community Property exam |\ |\ |\ |\
with verified answers
|\ |\ |\
Separate Property - CORRECT ANSWERS ✔✔- Property
|\ |\ |\ |\ |\ |\ |\
owned by either spouse before marriage;
|\ |\ |\ |\ |\
- Property acquired during marriage by gift, will, or
|\ |\ |\ |\ |\ |\ |\ |\ |\
inheritance; or |\
- Property acquired during marriage with the expenditure
|\ |\ |\ |\ |\ |\ |\ |\
of separate funds ("source" or "tracing").
|\ |\ |\ |\ |\
Community Property - CORRECT ANSWERS ✔✔Property, |\ |\ |\ |\ |\ |\
other than separate property, acquired by either spouse
|\ |\ |\ |\ |\ |\ |\ |\
during marriage. |\
Community Presumption - CORRECT ANSWERS ✔✔All |\ |\ |\ |\ |\ |\
assets acquired during the marriage are presumptively
|\ |\ |\ |\ |\ |\ |\
community property. |\
Burden of Proof - CORRECT ANSWERS ✔✔Absent a
|\ |\ |\ |\ |\ |\ |\ |\
showing of the parties' agreement or that title was taken
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
in a form that overcomes the community presumption,
|\ |\ |\ |\ |\ |\ |\ |\
the burden of proof that a particular asset is separate
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
property is on the party so contending.
|\ |\ |\ |\ |\ |\
,Extended Community Property System - CORRECT
|\ |\ |\ |\ |\ |\
ANSWERS ✔✔As of 2004, the CP system applies to |\ |\ |\ |\ |\ |\ |\ |\ |\
registered domestic partners upon filing a Declaration of
|\ |\ |\ |\ |\ |\ |\ |\
Domestic Partnership with the SoS, retroactive to Jan. 1,
|\ |\ |\ |\ |\ |\ |\ |\ |\
2000. It is available only to i) same sex couples or ii)
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
elderly opposite sex couples receiving SS benefits.
|\ |\ |\ |\ |\ |\
Community Property Ends - CORRECT ANSWERS ✔✔When |\ |\ |\ |\ |\ |\
permanent physical separation AND intent not to resume
|\ |\ |\ |\ |\ |\ |\ |\ |\
marital relations |\
CP on Divorce - CORRECT ANSWERS ✔✔Absent a property
|\ |\ |\ |\ |\ |\ |\ |\
settlement agreement, all CP must be divided equally.
|\ |\ |\ |\ |\ |\ |\ |\
Disparity of Earning Power - CORRECT ANSWERS ✔✔Can
|\ |\ |\ |\ |\ |\ |\ |\
be considered only as to spousal support and child
|\ |\ |\ |\ |\ |\ |\ |\ |\
support.
CP Non-Pro Rata Division - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\
✔✔General rule is that each and every community asset|\ |\ |\ |\ |\ |\ |\ |\ |\
(and liability) must be divided equally.
|\ |\ |\ |\ |\
Economic Circumstances Exception - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\
✔✔Can have non-pro rata division, giving particular asset
|\ |\ |\ |\ |\ |\ |\ |\
wholly to one spouse and "cash out" other spouse with
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
other assets (with each spouse getting 50% ot total
|\ |\ |\ |\ |\ |\ |\ |\ |\
, value). Examples inlcude: Family residence, closely held
|\ |\ |\ |\ |\ |\ |\
corporations, and pensions. |\ |\
Statutory Exceptions to Equal Division of CP - CORRECT
|\ |\ |\ |\ |\ |\ |\ |\ |\
ANSWERS ✔✔1. One spouse misappropriates CP, whether |\ |\ |\ |\ |\ |\ |\
before or during pendency of divorce;
|\ |\ |\ |\ |\
2. One spouse has incurred educational debts; treated
|\ |\ |\ |\ |\ |\ |\ |\
separately as separately incurred debt; |\ |\ |\ |\
3. One spouse incurred tort liability not based on activity
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
for benefit of the community;
|\ |\ |\ |\
4. Personal injury aware is CP but on divorce is awarded
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
to injured spouse (unless interests of justice require
|\ |\ |\ |\ |\ |\ |\ |\
otherwise).
5. "Negative Community" - community liabilities exceed
|\ |\ |\ |\ |\ |\ |\
assets; relative ability of spouses to pay debt is
|\ |\ |\ |\ |\ |\ |\ |\ |\
considered (concern is to protect creditors). |\ |\ |\ |\ |\
Lifetime Gifts - CORRECT ANSWERS ✔✔Neither spouse
|\ |\ |\ |\ |\ |\ |\
can make a gift of CP without the other spouse's written
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
consent. The power to manage CP is not equal to the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
power to give it away.
|\ |\ |\ |\
Alternatively, on divorce, spouse can take equal offsetting |\ |\ |\ |\ |\ |\ |\
CP assets to recover her 1/2 CP.
|\ |\ |\ |\ |\ |\ |\
with verified answers
|\ |\ |\
Separate Property - CORRECT ANSWERS ✔✔- Property
|\ |\ |\ |\ |\ |\ |\
owned by either spouse before marriage;
|\ |\ |\ |\ |\
- Property acquired during marriage by gift, will, or
|\ |\ |\ |\ |\ |\ |\ |\ |\
inheritance; or |\
- Property acquired during marriage with the expenditure
|\ |\ |\ |\ |\ |\ |\ |\
of separate funds ("source" or "tracing").
|\ |\ |\ |\ |\
Community Property - CORRECT ANSWERS ✔✔Property, |\ |\ |\ |\ |\ |\
other than separate property, acquired by either spouse
|\ |\ |\ |\ |\ |\ |\ |\
during marriage. |\
Community Presumption - CORRECT ANSWERS ✔✔All |\ |\ |\ |\ |\ |\
assets acquired during the marriage are presumptively
|\ |\ |\ |\ |\ |\ |\
community property. |\
Burden of Proof - CORRECT ANSWERS ✔✔Absent a
|\ |\ |\ |\ |\ |\ |\ |\
showing of the parties' agreement or that title was taken
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
in a form that overcomes the community presumption,
|\ |\ |\ |\ |\ |\ |\ |\
the burden of proof that a particular asset is separate
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
property is on the party so contending.
|\ |\ |\ |\ |\ |\
,Extended Community Property System - CORRECT
|\ |\ |\ |\ |\ |\
ANSWERS ✔✔As of 2004, the CP system applies to |\ |\ |\ |\ |\ |\ |\ |\ |\
registered domestic partners upon filing a Declaration of
|\ |\ |\ |\ |\ |\ |\ |\
Domestic Partnership with the SoS, retroactive to Jan. 1,
|\ |\ |\ |\ |\ |\ |\ |\ |\
2000. It is available only to i) same sex couples or ii)
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
elderly opposite sex couples receiving SS benefits.
|\ |\ |\ |\ |\ |\
Community Property Ends - CORRECT ANSWERS ✔✔When |\ |\ |\ |\ |\ |\
permanent physical separation AND intent not to resume
|\ |\ |\ |\ |\ |\ |\ |\ |\
marital relations |\
CP on Divorce - CORRECT ANSWERS ✔✔Absent a property
|\ |\ |\ |\ |\ |\ |\ |\
settlement agreement, all CP must be divided equally.
|\ |\ |\ |\ |\ |\ |\ |\
Disparity of Earning Power - CORRECT ANSWERS ✔✔Can
|\ |\ |\ |\ |\ |\ |\ |\
be considered only as to spousal support and child
|\ |\ |\ |\ |\ |\ |\ |\ |\
support.
CP Non-Pro Rata Division - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\ |\
✔✔General rule is that each and every community asset|\ |\ |\ |\ |\ |\ |\ |\ |\
(and liability) must be divided equally.
|\ |\ |\ |\ |\
Economic Circumstances Exception - CORRECT ANSWERS
|\ |\ |\ |\ |\ |\
✔✔Can have non-pro rata division, giving particular asset
|\ |\ |\ |\ |\ |\ |\ |\
wholly to one spouse and "cash out" other spouse with
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
other assets (with each spouse getting 50% ot total
|\ |\ |\ |\ |\ |\ |\ |\ |\
, value). Examples inlcude: Family residence, closely held
|\ |\ |\ |\ |\ |\ |\
corporations, and pensions. |\ |\
Statutory Exceptions to Equal Division of CP - CORRECT
|\ |\ |\ |\ |\ |\ |\ |\ |\
ANSWERS ✔✔1. One spouse misappropriates CP, whether |\ |\ |\ |\ |\ |\ |\
before or during pendency of divorce;
|\ |\ |\ |\ |\
2. One spouse has incurred educational debts; treated
|\ |\ |\ |\ |\ |\ |\ |\
separately as separately incurred debt; |\ |\ |\ |\
3. One spouse incurred tort liability not based on activity
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
for benefit of the community;
|\ |\ |\ |\
4. Personal injury aware is CP but on divorce is awarded
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
to injured spouse (unless interests of justice require
|\ |\ |\ |\ |\ |\ |\ |\
otherwise).
5. "Negative Community" - community liabilities exceed
|\ |\ |\ |\ |\ |\ |\
assets; relative ability of spouses to pay debt is
|\ |\ |\ |\ |\ |\ |\ |\ |\
considered (concern is to protect creditors). |\ |\ |\ |\ |\
Lifetime Gifts - CORRECT ANSWERS ✔✔Neither spouse
|\ |\ |\ |\ |\ |\ |\
can make a gift of CP without the other spouse's written
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
consent. The power to manage CP is not equal to the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
power to give it away.
|\ |\ |\ |\
Alternatively, on divorce, spouse can take equal offsetting |\ |\ |\ |\ |\ |\ |\
CP assets to recover her 1/2 CP.
|\ |\ |\ |\ |\ |\ |\
