General Principles

Question 1

Sample Essay Introduction

Answer 1

California is a community property state. In a community property state, the marital economic community begins upon marriage and ends at divorce, death of a spouse, or a permanent physical separation with an intent not to resume marital relationship. Property, earnings, or debt acquired during marriage are presumed to be community property. Property acquired by either spouse before marriage; by gift or inheritance during marriage; or after divorce or a permanent separation is presumed to be separate property. Finally, property acquired by a married couple while living in a non-CP state that would be characterized as CP if the couple had been living in CA at the time of acquisition is called quasi-community property.

Question 2

Rationale of Community Property

Answer 2

Property acquired through the time, energy, and skill of a spouse is CP.

Example: salary or taking care of home.

Question 3

Separation

Answer 3

1. Spouse expressly informs that she intends to end marriage
2. Spouse’s conduct is consistent w/ that intent

Note: Physical separation not required.