PRESUMPTIONS

Question 1

Presumptions Checklist

Answer 1

• General Community Property Presumption
  
  • Quasi-Community Property
• Separate Property Presumption
• Special Community Property Presumption
  
  • Anti-Lucas
  • Lucas

Question 2

Presumptions Tip

Answer 2

For each item

(1) state the presumption (when was the property acquired?)
(2) identify the source (how was the property acquired?)
(3) trace the property through all its forms

Question 3

General Community Property Presumption

Answer 3

Property acquired during marriage is presumptively CP*

*the general CP Presumption can be rebutted by evidence of gift, inheritance, tracing, agreements designating property as SP

Question 4

Quasi-Community Property

Answer 4

QCP is any property acquired by a spouse or couple while domiciled in a non-CP state that would have been CP had the spouse or couple been domiciled in CA at the time of acquisition. Property is only characterized as QCP upon divorce or death of the spouse who holds title to the property.*

*during marriage, the law of the state where the property wasacquired governs

Question 5

Separate Property Presumption

Answer 5

Anything earned or obtained during marriage, during separation, or following divorce is SP. Any inheritances, gifts, devises, and bequests acquired during marriage is also SP. Income obtained through an SP asset is also SP

Question 6

Special Community Property Presumption*

Answer 6

Anti-Lucas (post 1984) and Lucas (pre-1984)

*Note: this presumption is applicable at the time of divorce

Question 7

Anti-Lucas (Post-1984)

Answer 7

As of 1984, whenever property is held jointly by spouses, the property is presumed to be CP at divorce. Either spouse can rebut the presumption through an express writing demonstrating that the property was intended to be SP. Any SP contribution by one spouse will not be considered a gift; the contributing spouse will be entitled to reimbursement, limited to the contribution

*think joint tenancy

Question 8

Lucas (Pre-1984)

Answer 8

Whenever property is held jointly by spouses, the property is presumed to be CP at divorce. Either spouse can rebut the presumption by demonstrating that the property was intended to be SP. Any SP contribution by one spouse will be considered a gift; the contributing spouse will not be entitled to reimbursement, unless the couple has an agreement stating otherwise