Community Property

Question 1

Community Property: General Roadmap

Answer 1

I. Valid Marriage
II. Presumptions and Title
III. Agreements Affecting Property Division
IV. Characterization of Property
V. Liability for Debt
VI. Management and Control of CP
VII. Joint Deeds and Titles
VIII. Division of Property at Divorce
IX. Division of Property at Death

Question 2

I. Valid Marriage

Answer 2

A. Definition
B. Registered Domestic Partners
C. Common Law Marriage
D. Putative Spouse
E. Void Marriage
F. Voidable Marriage
G. Unmarried Cohabitants

Question 3

II. Presumptions and Title

Answer 3

A. CP
B. SP
C. QCP
D. Married Woman’s Special Presumption
E. Special Presumption of Title
F. Special Presumption of CP
G. Contributions of SP to CP
H. CP with Right of Survivorship
I. Tenancy in Common
J. Rebut Presumptions

Question 4

III. Agreements Affecting Property Division

Answer 4

A. Premarital Agreements
B. Transmutations
C. Separation Agreements

Question 5

IV. Characterization of Property

Answer 5

A. Presumptions
B. Characterization of Special Types of Property

Question 6

V. Liability for Debt

Answer 6

A. Allocating Responsibility
1. Liability of the community
2. Liability of a spouse’s SP
3. Pre-existing child and spousal support
4. Tort obligations

Question 7

VI. Management and Control of CP

Answer 7

A. Personal Property
B. Real Property
C. QCP
D. Fiduciary Duty

Question 8

VII. Joint Deeds and Titles

Answer 8

A. Joint Titles
B. CP with Right of Survivorship
C. Property Purchased with CP and SP Funds

Question 9

VIII. Division of Property at Divorce

Answer 9

A. Equal Division Rule
B. Exceptions
C. Division of Liabilities

Question 10

IX. Division of Property at Death

Answer 10

A. Intestate
B. Testate
C. Joint Tenancy
D. Surviving Spouse’s Election