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9 Cards in this Set
- Front
- Back
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"Community Property"
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All real and personal property acquired by a married person while domiciled in California (except for statutorily defined separate property) § 760
A right of survivorship can be annexed to community property. |
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"Separate Property"
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All property owned by the husband or wife BEFORE MARRIAGE,
All property acquired during marriage by GIFT, BEQUEST, DEVISE, or DESCENT (with rents, issues, and profits thereof - and items taken in exchange for it) § 770 +All property ACQUIRED WHILE LIVING SEPARATE AND APART (earnings and accumulations of spouse + minor children living with or in custody of spouse) § 771 |
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CP includes...
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1. Earnings and accumulations from effort, skill, and industry of a spouse during marriage
2. Credit acquisitions 3. Personal injury awards from a c/a arising during marriage |
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SP includes...
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1. Property acquired before marriage or after a judgment of dissolution
2. Earnings after separations (parties have come to a parting of the ways with no present intent of carrying on a marital relationship) 3. Gift, bequest, devise, descent - if gifted individually to the spouse (lucrative title) 4. Personal injury recoveries of c/a arose outside of marriage, or interspousal |
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Gift, Bequest, Devise, Descent definitions
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(a) Gift - donative intent + delivery + acceptance (presumed)
(b) Bequest - testamentary gift of personal property (c) Devise - testamentary transfer of real property (d) Descent - intestate transfer of real or personal property |
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"Onerous Title" - Community
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"Onerous Title" = community property
Acquired by H and W during marriage through labor, industry, or other valuable consideration (except property acquired through consideration of spouse's SP) [Policy = marital partnership: BOTH share benefits] |
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"Lucrative Title" - Community or Separate
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"Lucrative Title" - CP or SP
Acquired through gift, succession, inheritance = CP or SP - based on donative intent |
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Degree or License to Practice a Profession
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§ 2641
The community is entitled to reimbursement for contributions to the education or training of a party that substantially enhances the party's earning capacity (sufficient that the party retains the potential to realize the benefits in the future) (1) Direct payments for education or training, or (2) Payments on a loan incurred for education or training |
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Presumptions Based on Form of Title (generally)
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Title does not necessarily control character. Historically, one could rebut the common law presumption that title is accurately set forth in the deed by (1) evidence of agreement, or (2) understanding
[post-85 transmutations require a writing] |
