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3 Cards in this Set
- Front
- Back
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Basic presumption
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(1) California is a CP state.
(2) All property acquired during the marriage is presumed to be CP, while (3) all property acquired before marriage or after permanent separation, or by gift or inheritance is presumed to be SP. |
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Approach – Characterize property
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The characterization of an asset as either CP or SP depends on three factors:
1. WHEN and how was the asset acquired? 2. Did the spouses take any ACTIONS to change the character of the property? 3. Are there any legal PRESUMPTIONS that may affect the character of the asset? |
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Putative Spouse
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A putative spouse/DP
(1) is not lawfully married, but (2) has good faith belief based on (3) objectively reasonable grounds that she is lawfully married. |
