All CP Old Cards

Question 1

Valid Marriage

Answer 1

MAFC - Mutual Age Formalities Capacity

1. requires Mutual assent;
2. Sufficient age (18+)
3. legal Capacity
4. Formalities (License and Solemnization)

Question 2

Marital Economic Community (MEC)

Answer 2

BEDDLIF (Begins Ends Divorce Death Living Intent Façade)

1. Begins at Marriage;
2. Ends at Death (either spouse);
3. Divorce; or
4. Intent of either spouse not to resume coupled with conduct;
5. Living separate not required since 2017, but relevant;
6. Facade of marriage, MEC not ended.

Question 3

Initial paragraph and SP - Source Rule

Answer 3

CA-CP-B-DIG-S-PIR-B-SCI-SQ - (Before Devise Inheritance Gift SP Profits Issues Rent Burden Source Change Intent)

1. CA is CP state, property acquired during marriage presumed CP;
2. Before or after marriage (sepration with permant intent facts);
3. During marriage by Gift, Inheritance, Devise;
4. From SP funds;
5. Profits, Issue, and Rents of SP.
6. Burden on SP proponent to defeat CP presumption.
7. Source rule to trace;
8. Mere change in form does not change character;
9. Credit/Loans = intent of lender.
10. Acquired in SP state before CA domicile in CA is QCP - treated as CP on death or divorce.

Question 4

Division of Property on Divorce or Death

Answer 4

CEEPSDEDI - (CP Equally Earning Power Spousal Debt Each Death Inures)

1. CP divided equally on per item basis unless special rule (PI, etc.);
2. Earning power not considered except Spousal Support or Debt;
3. Each spouse entitled to own SP
4. Death - CP inures to survivor
   ___
   A. Equal division or in kind CP with few exceptions;
   B. Time nearest to trial except value-add assets;
   C. Tax consequences factored into division;
   D. Unpaid debts divided or assigned;
   E. Timing of incurring debt relevant (before, during, after separation, post divorce)
   F. Intestate - all JT, CP, & 1/3 of SP to surviving;
   G. Testate - JT & 1/2 of CP go to surviving;

Question 5

Personal Injury Awards

Answer 5

CADIDJIC - (Cause Action During Injured Divorce Justice Interests Commingled)

1. CP if cause of action arose during marriage;
2. Awarded to injured spouse on divorce; unless
3. Commingled/spent with CP; or
4. Interests of justice require.

Question 6

Personal Injury Liability

Answer 6

SACISC-MR -(SP Acting Community Insurance SP CP Medical Reimbursement)

1. SP of tortfeasor; unless
2. Acting for benefit of community;
3. Order of satisfaction is:
4. insurance of injured spouse > SP of tortfeasor spouse > CP (last resort);
5. Community reimbursed for CP funds paid on medical expenses pre-settlement.

Question 7

Educational Degree or Professional License

Answer 7

1. FC 2641 entitles community to reimbursement with interest for;
2. CP contributions to one spouse’s education; that
3. Substantially enhances earning capacity.
4. No reimbursement if
5. other spouse received CP-funded education; or
6. Community already substantially benefited (rebuttable presumption if 10 years have passed since degree).
7. If degree substantially reduced need for support, suggests community already substantially benefited.

CRIOSE-SE-NOR-CABS-10 (Community Reimbursement One Spouse’s Education Substantially Enhances No Other Received Community Already Benefitted Substantially 10-year)

Question 8

Goodwill

Answer 8

1. Catchall for intangible value in business;
2. Expectation of continued public patronage;
3. Market value - willing buyer price;
4. Capitalization - net income less reasonable salary x capitalization rate. Highest valuation method usually.
5. Any reasonable method okay.

CIV-EPP-MCA (Catchall Intangible Value Expectation Public Patronage Market Capitalization Any)

Question 9

Pension Benefits at Divorce (similar to life insurance and PI damages - inception of right)

Answer 9

MaTR-VEROP (Matured Time Rule Vested Either Retain Or Present)

1. Matured - time rule pro rata;
2. Vested - either court retains jurisdiction; or
3. Present value at divorce time rule;
4. Non-vested - nothing to allocate.

Question 10

Pension Benefits at Death - Terminable Interest Rule

Answer 10

NEED-TIREDS (Non-EE Dies Terminable Interest Rule, EE Dies Survivor)

1. Non-EE spouse dies first, TIR applies and CP goes back to EE;
2. TIR abolished in 1986 except for ERISA;
3. EE spouse dies first - CP goes to survivor, time rule.

Question 11

Disability Benefits

Answer 11

CIRD-SIRP-ILP (CP Intended Replace During, SP Intended Replace Post, In Lieu Pension)

1. CP if intended to replace lost wages during marriage;
2. SP if intended to replace lost wages post-marriage;
3. In lieu of pension = time rule.

Question 12

Severance Pay (Similar to Disability)

Answer 12

CEED-SEEP (CP Employee During SP Employee Post)

1. CP if EE spouse earns during marriage;
2. SP if EE spouse earns Post marriage;
3. CP if covering period during marriage.

Question 13

Early Retirement Benefits

Answer 13

1. Right to retirement that accrues during marriage before sepration underlies any right to enhancement;
2. Enhancement is a modification, not a new asset;
3. Is CP to the extent earned during marriage.

RADEM-CED (Right Accrues During Enhancement Modification CP Earned During)

Question 14

Commingling - Bank Accounts

Answer 14

C-JAC-ReCC-WARR (Character Joint Account CP Rebut Clear Convincing Written Agreement Rebut Reimburse)

1. Character of funds controls, not title;
2. Joint account presumed CP;
3. Rebut with tracing by C&C; or
4. Written agreement after 1/1/85;
5. If not rebutted, SP reimbursed P&I (Lucas gift)
6. Separate account only need BEP to show SP.

Question 15

Commingling - Life Insurance

Answer 15

DIWPTAV - (Death Irrelevant Whole Premiums Term Attempt Value)

1. Death (type irrelevant) - SP/CP premiums paid;
2. Whole life at divorce - premiums paid;
3. Term life - either no asset or attempt to value right to reinsure - premiums.

Question 16

Value Enhancement - SP Business - ROR

Answer 16

pReiRa = RoR - favors labor because balance goes to CP.

1. Pereira (1909);
2. Favors growth due to community labor;
3. Beginning value of business + reasoanble ROR = SP;
4. Balance is CP.

Question 17

Value Enhancement - SP Business - Reasonable Value of Services

Answer 17

Van is collectors item, so it grows on its own, thus we calc a salary and five balance to SP.

1. Van Camp (1921);
2. Favors growth due to capital growth of SP asset;
3. Fair salary x years of marriage - already received = CP;
4. Balance is SP.

Question 18

Value Enhancement - CP Business Increased Value Post-Separation - SP Effort Increased Value

Answer 18

1. Reverse Pereira;
2. CP investment + ROR = CP;
3. Balance to SP.

Question 19

Value Enhancement - CP Business Increased Value Post-Separation - Capital Investment Increased

Answer 19

1. Reverse Van Camp;
2. Fair value for services - already paid = SP;
3. Balance is CP.

Question 20

Transmutation - Prenuptial Agreements

Answer 20

SEFUPWU-I7 -(Statute Estoppel Full Unenforceable Promote Waiver Unconscionable Involuntary 7d)

1. Statute of Frauds 1/1/1986;
2. Exceptions for full performance or estoppel;
3. Unenforceable if:
4. Waive or limit spousal support not per se unenforceable;
5. Promotes divorce;
6. Involuntary (waived, 7 days advised to seek counsel in writing and signed); or
7. Unconscionable (nondisclosure of wealth or unfair).

Question 21

Transmutation - During Marriage

Answer 21

BOSEDETIW (Before Oral Signed Express Declaration Exception Tangible Insubstantial Wills)

1. Before 1/1/85 - Oral enforceable w/ evidence;
2. 1/1/85 and later - signed writing, express declaration giving up rights;
3. Exception for insubstantial tangible property of personal nature used solely by spouse;
4. Statements in wills unenforceable (ambulatory - SOF not satisfied).

Question 22

Apportionment of Real Estate

Answer 22

1. CP funds used to make principal payments on SP property mortgage;
2. entitled to pro rata ownership interest
3. SP funds on CP mortgage entitled to reimbursement under FC §2640;
4. SP funds on SP mortgage are a Lucas gift unless otherwise agreed in writing.

COSCRUALSS (CP Ownership SP CP Reimbursement Unless Agreed Lucas SP SP)

COSR-SLW

Question 23

Improvements on Real Estate

Answer 23

1. CP used to improve SP property;
2. Community entitled to greater of reimbursement or value appreciation;
3. SP funds on CP property, reimbursement under FC §2640;
4. SP on SP, Lucas gift unless agreement to contrary.

CRASCRUALSS (CP Reimbursement Appreciation SP CP Reimbursement Unless Agreement Lucas SP SP)

CAR-SR-SL

Question 24

Basic Presumption (no title) - how to rebut

Answer 24

1. Rebuttable by tracing to SP source;
2. Rebuttable by agreement (in signed writing 1/1/85).

Question 25

Form of Title - Joint Form

Answer 25

DOC-JOC-LUR (Divorce Only CP Joint Only CP Lucas Unless Rebutted) 1. Divorce only, NOT death; 2. 1/1/87 → joint form presumed CP; 3. Rebut w/ writing or clear statement in deed (no TRACING); 4. 1/1/84 - 12/31/86 - CP presumption only for JTROS; 5. Pre-1/1/84 - Lucas applies (SP = gift unless rebutted in writing);

Question 26

Form of Title - H/W

Answer 26

LICWOR (Language Indicating CP Writing Only Rebuts) 1. Language indicating H/W presumed CP; 2. Writing only, NO tracing; 3. JT/TIC on deed = joint form (H/W does not apply).

Question 27

Form of Title - Pre-1975 Married Woman's Presumption

Answer 27

SUCH-BFP (Separate Unless Contrary Husband BFP) 1. Presumed SP unless contrary intent on deed; 2. Rebut if H did not intend; 3. W owns 1/2 SP, H owns 1/2 CP. 4. Sale to BFP not rebuttable (always SP of W).

Question 28

Liabilities

Answer 28

1. **CP** **incurred** **during** marriage, **SP** incurred **after** **separation**; 2. **Exception** for **necessaries** of life; or 3. If all **CP** sources **exhausted** and would be **equitable**; 4. **Medical** **after** separation, **maybe** **CP**; 5. If other spouse had **SP** for necessary while living separately, may be **entitled** to **reimbursement**. CID-SAS-NE-CEE-MAMC-SER (CP Incurred During SP After Separation Necessaries Exception CP Exhaused Equitable Medical After Maybe CP SP Entitled Reimbursement) NEEEMARS (Necessaries Exception Equitable Exhausted Medical After Reimbursement SP) 1. SP of debtor spouse always liable anytime; 2. CP liable for either spouse for debts before or during marriage, except sheilded; 3. SP liable for spousal or child support prior marriage; 4. CP then SP of tortfeasor spouse acting for community; 5. SP of then CP of tortfeasor not acting for community; 6. SP of non-debtor spouse liable for other spouse's necessaries after separation.

Question 29

Deliberate misappropriation

Answer 29

1. Occurs when one spouse takes CP to exclusion of other spouse; 2. Injured spouse entitled to 50%; 3. Court has discretion to award more. OSESISDA (One Spouse Exclusion Spouse Injured Spouse Discretion Award)

Question 30

Fiduciary Duty - Presumption of Undue Influence

Answer 30

1. Taking unfair advantage creates rebuttable presumption of undue influence; 2. Advantaged spouse can rebut if 3. freely and voluntarily made 4. full knowledge of facts 5. complete understanding of effect of transfer. TURPUD-FAV-KoF-CUE (Taking Unfair Rebuttable Presumption Undue Influence Freely and Voluntarily Knowledge of Facts Complete Understanding Effect)

Question 31

Fiduciary Duty

Answer 31

1. **Spouses** **owe** **highest** duties of good faith and loyalty; 2. **Disclosure** and **accounting**; 3. Court may award higher share of CP to **remedy** breach, void transaction, etc. 4. One spouse may not **encumber** assets with debt or otherwise **dispose** of them unilaterally. 5. 50% + attorneys fees for hiding, 100% at top value plus attorneys fees for acting with malice (bad faith). 6. Unfair advantage creates Rebuttable presumption of Undue influence. SOHDAREDUR (Spouses Owe Highest Disclosure Accounting Remedy Encumber Dispose Unfair Rebuttable)

Question 32

Equal management and control

Answer 32

1. **EM**&C effective 1/1/1975, real and personal CP, retroactive 2. Personal CP - **access** to **bank** accounts in one spouse's name is exception; 3. Written **assent** of both spouses for **gift** to 3P or sale of CP personal belongings for < FMV; 4. At death of donor spouse, gift can be voided up to **One Half** its value; 5. Real CP - **BFP** presumption; 6. **Add-a-name** to title remedy 7. **Dispense with joinder** requirement if in best interests or unable to obtain consent. EMABAGOH-BA-DJ