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Flashcards in CP Management Deck (4)
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1
Q

Management - General Rule

A

Equal management/control to buy/sell/contract CP

2
Q

2 Management Exceptions

A
  1. Personal Belongings: can’t sell/enc. personal property used in family w/dwelling w/out others written consent (voidable + need not return purchase price)
  2. Business: can’t sell/enc. personal property used in business w/out written notice
3
Q

Management - Transfer of CP RE

A
  1. . Can’t sell/enc. own 1/2 interest (Family Atty Real Prop Lien exception)
  2. Need both spouses to join instrument if > 1 yr lease
  • 1 Year SOL from filing of transfer doc (no SOL if buyer knew of marriage)
  • Spouse can trump BFP if shows she didn’t know or consent to transfer
4
Q

Management - Debt

A
  1. Debtors can reach CP (except spouse’s “earnings” (comp for personal services) if in separate account and not co-mingled with CP).
  2. Can’t reach other’s SP except for spouse/kid necessities (Family Code: still married until divorce)
  3. After divorce, can’t reach other spouse’s CP unless they incurred debt or were assigned debt by court (both liable)