CA Bar Exam - Community Property
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questions with answers |\ |\
Community Property - CORRECT ANSWERS ✔✔California |\ |\ |\ |\ |\ |\
is a community property state. There is a community
|\ |\ |\ |\ |\ |\ |\ |\ |\
presumption where all assets acquired during the course |\ |\ |\ |\ |\ |\ |\ |\
of the marriage are presumed to be community property.
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There are areas of separate property.
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Separate Property - CORRECT ANSWERS ✔✔All property
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acquired before marriage or after permanent separation
|\ |\ |\ |\ |\ |\ |\
is presumed to be separate property. In addition, any
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property acquired by gift, devise, or bequest is presumed
|\ |\ |\ |\ |\ |\ |\ |\ |\
to be separate property. Property acquired during
|\ |\ |\ |\ |\ |\ |\
marriage with expenditure of separate funds, as well as
|\ |\ |\ |\ |\ |\ |\ |\ |\
rents, issue and profits derived from separate property
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are also separate property.
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At divorce - CORRECT ANSWERS ✔✔, the community
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assets will be equally divided in kind unless some special
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
rule requires deviation from the equal division
|\ |\ |\ |\ |\ |\ |\
requirement
At death - CORRECT ANSWERS ✔✔, the decedent can
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devise all of his separate property and 1/2 of the
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community property. |\ |\
, If the decedent dies intestate, the surviving spouse is
|\ |\ |\ |\ |\ |\ |\ |\ |\
automatically entitled to the decedent's share of the |\ |\ |\ |\ |\ |\ |\ |\
community property and to some amount of separate |\ |\ |\ |\ |\ |\ |\ |\
property depending on how many surviving issues,|\ |\ |\ |\ |\ |\ |\
parents, siblings, or issues of deceased siblings. If none,
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then surviving spouse inherits all SP. If one, then surviving
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spouse inherits 1/2 SP. If more than one, then surviving
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spouse inherits 1/3 SP. |\ |\ |\
Transmutation - CORRECT ANSWERS ✔✔is an agreement |\ |\ |\ |\ |\ |\ |\
between spouses during marriage to change the |\ |\ |\ |\ |\ |\ |\
character of an asset. It must be made in a written |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
express declaration that is consented to or accepted by
|\ |\ |\ |\ |\ |\ |\ |\ |\
the spouse whose interest is adversely affected. It must
|\ |\ |\ |\ |\ |\ |\ |\ |\
expressly declare that a change in the ownership of |\ |\ |\ |\ |\ |\ |\ |\ |\
property is being made. Descriptions of character of an
|\ |\ |\ |\ |\ |\ |\ |\ |\
asset in a will or inter vivos transfer are not admissible.
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
The spouse who gained the advantage has the burden of
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
rebutting the presumption of undue influence by a |\ |\ |\ |\ |\ |\ |\ |\
preponderance of the evidence. |\ |\ |\
To determine the character of any asset, courts will... -
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CORRECT ANSWERS ✔✔trace back to the source of funds |\ |\ |\ |\ |\ |\ |\ |\ |\
used to acquire the asset; a mere change in form of an
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
asset does not change its characterization.
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|\ |\ |\ |\ |\ |\
questions with answers |\ |\
Community Property - CORRECT ANSWERS ✔✔California |\ |\ |\ |\ |\ |\
is a community property state. There is a community
|\ |\ |\ |\ |\ |\ |\ |\ |\
presumption where all assets acquired during the course |\ |\ |\ |\ |\ |\ |\ |\
of the marriage are presumed to be community property.
|\ |\ |\ |\ |\ |\ |\ |\ |\
There are areas of separate property.
|\ |\ |\ |\ |\
Separate Property - CORRECT ANSWERS ✔✔All property
|\ |\ |\ |\ |\ |\ |\
acquired before marriage or after permanent separation
|\ |\ |\ |\ |\ |\ |\
is presumed to be separate property. In addition, any
|\ |\ |\ |\ |\ |\ |\ |\ |\
property acquired by gift, devise, or bequest is presumed
|\ |\ |\ |\ |\ |\ |\ |\ |\
to be separate property. Property acquired during
|\ |\ |\ |\ |\ |\ |\
marriage with expenditure of separate funds, as well as
|\ |\ |\ |\ |\ |\ |\ |\ |\
rents, issue and profits derived from separate property
|\ |\ |\ |\ |\ |\ |\ |\
are also separate property.
|\ |\ |\
At divorce - CORRECT ANSWERS ✔✔, the community
|\ |\ |\ |\ |\ |\ |\ |\
assets will be equally divided in kind unless some special
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
rule requires deviation from the equal division
|\ |\ |\ |\ |\ |\ |\
requirement
At death - CORRECT ANSWERS ✔✔, the decedent can
|\ |\ |\ |\ |\ |\ |\ |\ |\
devise all of his separate property and 1/2 of the
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
community property. |\ |\
, If the decedent dies intestate, the surviving spouse is
|\ |\ |\ |\ |\ |\ |\ |\ |\
automatically entitled to the decedent's share of the |\ |\ |\ |\ |\ |\ |\ |\
community property and to some amount of separate |\ |\ |\ |\ |\ |\ |\ |\
property depending on how many surviving issues,|\ |\ |\ |\ |\ |\ |\
parents, siblings, or issues of deceased siblings. If none,
|\ |\ |\ |\ |\ |\ |\ |\ |\
then surviving spouse inherits all SP. If one, then surviving
|\ |\ |\ |\ |\ |\ |\ |\ |\
spouse inherits 1/2 SP. If more than one, then surviving
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
spouse inherits 1/3 SP. |\ |\ |\
Transmutation - CORRECT ANSWERS ✔✔is an agreement |\ |\ |\ |\ |\ |\ |\
between spouses during marriage to change the |\ |\ |\ |\ |\ |\ |\
character of an asset. It must be made in a written |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
express declaration that is consented to or accepted by
|\ |\ |\ |\ |\ |\ |\ |\ |\
the spouse whose interest is adversely affected. It must
|\ |\ |\ |\ |\ |\ |\ |\ |\
expressly declare that a change in the ownership of |\ |\ |\ |\ |\ |\ |\ |\ |\
property is being made. Descriptions of character of an
|\ |\ |\ |\ |\ |\ |\ |\ |\
asset in a will or inter vivos transfer are not admissible.
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
The spouse who gained the advantage has the burden of
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
rebutting the presumption of undue influence by a |\ |\ |\ |\ |\ |\ |\ |\
preponderance of the evidence. |\ |\ |\
To determine the character of any asset, courts will... -
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\
CORRECT ANSWERS ✔✔trace back to the source of funds |\ |\ |\ |\ |\ |\ |\ |\ |\
used to acquire the asset; a mere change in form of an
|\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\ |\
asset does not change its characterization.
|\ |\ |\ |\ |\
