Community Rules are a Testament but are Encumbered by LL Torts

Question 2

Community

Answer 2

Community Separate Pre-marriage

(1) Community = accumulated, presumed
(2) Separate = outside marriage: inheritances, gifts, non-economic pain and suffering
(3) Pre-marriage debts = no CP liability, except child support, spousal maintenance from previous dissolution, judg w/n 3 years of marriage.

Question 3

Rules

Answer 3

Rule Tracing Right

(1) Source rule = character of acquired property.
(2) Tracing = rebut a CP presumption, unless commingled.
(3) Right of Reimbursement = CP used to improve SP: community benefit: equitable lien offset by benefit, unless gift

Question 4

Testament

Answer 4

Testament Intestate

(1) Testament = give up 1/2 CP + all SP; applies generally
(2) Intestate = all CP and 50/50 or 75/25

Question 5

Encumbered

Answer 5

Encumbered Lack Acting

(1) Encumbrances != joinder (consent), unless 3rd party gifts, household goods, jointly managed buis. assets,real property, or non-pmsi security; implied consent; != service K
(2) Lack of joinder = attempt to void by other spouse; ratification = ok
(3) Alone != bind other SP unless family support; Both sign = all SP and CP.

Question 6

LL

Answer 6

LL Tenant

(1) Community-LL: both sign;
(2) Community-T: one signs

Question 7

Torts

Answer 7

Torts Award Consortium

(1) Tort = not liable for other, but presumed to benefit; != joint
(2) SP = non-economic pain and suffering, lost earning outside marriage
(3) Consortium = assistance, companionship: SP; tack on