Property Acquired Outside the Marital Relationship

Question 1

Quasi-Community Property

Answer 1

Property acquired by a married couple while they were domiciled in a non-CP state that would have been classified as CP had it been acquired under the same circumstances in California is quasi-CP.

Quasi-CP retains its SP nature when the parties become domiciled in California.

The quasi-CP label only becomes significant at divorce or death.

Question 2

Requirements of a lawful marriage in CA

Answer 2

CA: A lawful marriage requires both legal capacity and performance of formal legal procedures

California does not recognize common law marriages contracted within California.

California does recognize common law marriages that were validly contracted in a jurisdiction that continues to recognize them.

Question 3

Unmarried Cohabitants

Answer 3

California applies general contract principles to agreements between unmarried cohabitants. The contract cannot be based solely on sexual services.
- Look for an express contract
- Implied contract based on the behavior of the parties
- If not, quantum meruit /equitable remedies (e.g., constructive or resulting trust.)

Even if the cohabitants later marry, contract principles will apply for property acquired during cohabitation. If they later divorce, only property acquired during marriage is distributed according to CP rules.

Question 4

Putative Spouses

Answer 4

A putative spouse is not lawfully married, but has a subjective good faith belief that they are lawfully married.

Once the individual learns that the marriage is invalid, they can no longer accrue putative spouse property rights.

A putative spouse or domestic partner has almost the same property rights as a lawful spouse (CP, SP, Quasi-CP)

Question 5

One Putative Spouse

Answer 5

When only one partner is a good faith putative spouse, it is not clear whether the non-good faith spouse may make any claim to quasi-marital property accumulated by the good faith spouse.

However, if a claim to putative status fails because one spouse knew that the marriage was invalid, they may still prevail on the basis of estoppel if the other spouse also knew the marriage was invalid but nevertheless continued to enjoy the benefits of cohabitation.

Question 6

What happens is a decedent leaves both a lawful and a putative spouse

Answer 6

Probate courts have equitably divided the decedent’s estate between them.