Categories of Property

Question 1

Community Property

Answer 1

1. Generally property acquired during marriage.
2. Rent, income, or profit earned from CP asset.
3. Labor, earnings, salary, and wages of a spouse.
4. Property acquired using CP funds.

Exception: property held by decedent whose marriage dissolved more than 4 years prior to decedent’s death (protects heirs from ex)

SOP to rebut general presumption of CP: preponderance of the evidence

Question 2

Separate Property

Answer 2

Property acquired:

1. Anything before marriage
2. Gift or inheritance during marriage
3. Anything acquired after divorce or permanent separation
4. Rent, income, or profit earned from a SP asset

SOP to rebut general presumption of SP: preponderance of the evidence

If mortgage on SP real property is paid w/ CP, then CP gets a reimbursement via pro rata apportionment!

• CP estate acquires “a pro-rata interest in proportion to the amount the principal is reduced by CP payments.”
• Not reimbursable: interest, tax, or insurance payments.

Question 3

Quasi Community Property

Answer 3

1. Married couple acquired property in another state
2. The property would have been classified as CP if they were married + domiciled in CA

QCP Rule only triggered upon divorce or death of spouse holding title.

If only one spouse holds title in divorce scenario, non-titled spouse’s rights determined by law of the other state.

Question 4

Quasi Marital Property

Answer 4

All property that would have been considered CP or QCP if marriage re putative spouse was valid.

QMP is divided equally, the same as CP or QCP