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16 Cards in this Set

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  • Back
What is the result when one spouse is convicted with the attempted murder of the other spouse.
The convicted spouse must give up 100% of the community property to the victim spouse.
How is community property divided?
Community property shall be divded evenly, unless otherwise agreed.
The first question we need to ask ourselves when dealing with community property is?
Is there a vaild Marriage? No marriage, no community property.
Marriage is?
A personal relation arising out of a civil contract between a man and a woman, to which the consent of the parties capable of making that contact is nescessary. Consent alone does not consitute marriage. Consent must be followed by the issuance of a license and soleminization...
A vaild marriage requires what 3 things?
1) Consent
2) Mariage License
3) Soleminization
List the two classifications of marriage.
1)Seperate property
2) Community Property
Define community property
All property, real or personal, acquired by a married person during the marriage.
Define seperate property
1) All Property owned by the person before marriage

2) All property acquired by the person after marriage by gift, bequest, devise or descent.

3) The rents, issues, and profits of the property described above.
Can a creditor of one spouse take the proceeds of the seperate estate of the other spouse to satisfy his claim?
No. The fruits of seperate property are traced to the source and classified accordingly.
Describe what property can be transmuted.
1. transmute community to separate property of either spouse,

2. transmute separate property of either spouse t community property

3. Transmute separate property of one spouse to separate property of the other spouse.
Are transmuation of property subjected to laws of fraudulent transfer?
What is the result of transmutation for the purposes of hiding assets from creditors.
If a spouse transmutes his property to the poessesion of the other in order to avoid lein by a creditor, the transfer will be held invaild and undone.
What is required for a transmuteation of property?
Express Declaration
Must there be an express declaration in order to gain separate ownership over gifts given to a spouse paid for by community property (funds).
Transfer has to be in writting UNLESS spouses can give eachother little gifts like clothing, jewerly, taking into account value and circumstances of marriage. If you give your spouse something that isnt worth that much (considering income), and it was paid for by community property, it will come down to how expensive the gift is.
What is the effect of agreements made that could give the other spouse an incentive to divorce?
That agreement will be held invaild as the state as an interst in not allowing spouses to have an incentive to divorce their spouse.
If a spouse contends that property is seperate and their own, whos burden is it to prove such.
The fundamental rule is that the burden rests upon the person asserting that the property is separate to establish that fact.