Community Property - Barbri Conviser

Front 1

Community Property - Consider

Back 1

1, When was the asset acquired;

2. How was the asset acquired (labor or gift);

3. Did either spouse act in any way that may have changed the assets character;

4. Is there any legal presumption that may effect the character of the asset.

Front 2

Characterization of Property

Time of Acquisition

Back 2

1. Marital Economic Community

2. When Property is Earned or Acquired.

Front 3

Characterization of Property

Source of Acquisition

Back 3

Spouse's SP:

1. Property received by gift, bequest, devise, or descent;

2. Rents, issues, and profits of SP acquired before or during marriage;

3. Property acquired in exchange for separate property

Front 4

Characterization of Property

Particular Type of Assets that are Difficult to Classify

Back 4

1. Personal Injury Recovery against 3p Tortfeasor

2. Personal Injury Recovery Against other Spouse

3. Retirement Pensions

4. Disability Pay and WC

5. Severance Pay

6. Stock Options

7. Business and Professional Goodwill

8. Education and Training

9. Life Insurance

Front 5

Characterization of Property

Presumptions

Back 5

1. General Presumption of CP

2. Overcoming CP Presumption When Asset Acquired During Marriage

3. Form Of Title Presumption

4. Presumption of Undue Influence

Front 6

Agreements that Alter Character of Property

Agreements Made by Parties Before Marriage

Back 6

a. Statute of Frauds Requirement

b. Premarital Agreements may Regulate Property Rights and Support Obligations

c. Circumstances that Render Premarital Agreements Unenforceable

d. Waiver of Death Rights Enforceable

Front 7

Agreements that Alter Character of Property

Agreements During Marriage - Transmutation

Back 7

a. Express Writing Required

b. Statements in Will or Trust Not Admissible

c. Confidential Relationship and Presumption of Undue Influence

Front 8

How Title is Taken

Ways a Married Couple may Jointly Hold Property

Back 8

a. Joint Tenancy

b. Tenancy in Common

c. Community Property

d. Community Property with Right of Survivorship

e. Former Law - Married Woman's Special Presumption

Front 9

Tracing Property Purchased from Commingled Funds

Back 9

1. Two Important Presumptions for Tracing Funds in Commingled Account

2. Two Permissible Tracing Methods:
a. Exhaustion Method
b. Direct Tracing

3. SP Proponent May Not Use Recapitulative Accounting

4. Consequence of Failure to Trace

5. When Commingled Account is Jointly Titled