VII. MULTISTATE PROBLEMS/CONFLICT OF LAWS Flashcards Preview

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Flashcards in VII. MULTISTATE PROBLEMS/CONFLICT OF LAWS Deck (12)
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1

Property acquired while the couple was domiciled in a non-community property state, which would have been classified as community property had it
been acquired under the same circumstances in California, is ____________

quasi community property

2

Define quasi community property.

Property acquired while the couple was domiciled in a non-community property state, which would have been classified as community property had it
been acquired under the same circumstances in California

3

Henry and Wynn, married in Kansas (a non-community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Kansas (the deed names Henry as grantee) acquired from Henry’s salary. Wynn has never been employed. After their move to California, they get divorced. At the time of the divorce, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Kansas farm is worth $40,000. The 2,400 shares of IBM stock are what kind of property? How is it treated?

quasi community property, treated the same as true community property.

4

Henry and Wynn, married in Kansas (a non-community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Kansas (the deed names Henry as grantee) acquired from Henry’s salary. Wynn has never been employed. After their move to California, they get divorced. At the time of the divorce, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Kansas farm is worth $40,000. On these facts what is Henry is referred to as the what? What is Wynn referred to as?

Henry is the acquiring spouse, and Wynn is the non-acquiring spouse

5

Henry and Wynn, married in Kansas (a non-community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Kansas (the deed names Henry as grantee). Wynn has never been employed. After their move to California, they get divorced. At the time of the divorce, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Kansas farm is worth $40,000. If Harry inherited property in Kansas what type of property is it? Why?

SP because it would still be SP if inherited in CA

6

Henry and Wynn, married in Kansas (a non-community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Kansas (the deed names Henry as grantee) acquired from Henry’s salary. Wynn has never been employed. After their move to California, they get divorced. At the time of the divorce, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Kansas farm is worth $40,000. What type of property is the farm?

quasi community property subject to a division.

7

Henry and Wynn, married in Kansas (a non-community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Kansas (the deed names Henry as grantee) acquired from Henry’s salary. Wynn has never been employed. After their move to California, they get divorced. At the time of the divorce, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Kansas farm is worth $40,000. The farm is quasi community property subject to division. What about the fact that California has no jurisdiction over Kansas land?

No problem. In making 50-50 division, a California court could award the Kansas land to Henry and other assets of equal value to Wynn, OR require
Henry to execute any conveyances that are necessary (court does have personal jurisdiction over Henry).

8

Henry and Wynn, married in Kansas (a non-community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Kansas (the deed names Henry as grantee) acquired from Henry’s salary. Wynn has never been employed. After their move to California,Henry dies from a freak sex accident with Phil (they were doing some weird shit, like really weird). At the time of his death, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Kansas farm is worth $40,000. Henry leaves a will that bequeaths “all my property” to Phil Henry is survived by Wynn and Phil. What distribution?

As to the 2,400 shares of IBM stock, as Henry was the “acquiring spouse,” (quasi community property) this is treated the same as true community property, he can only devise his half to Phil.

As to the farm in Kansas (“foreign real property”), for purposes of division on death, foreign real property Kansas law controls it all goes to Phil as CA courts don't have leverage over H nymore.

9

Henry and Wynn, married in Kansas (a non-community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Kansas (the deed names Henry as grantee) acquired from Henry’s salary. Wynn has never been employed. After their move to California,Wynn dies form a freak sex accident with Mita (they were doing some weird shit, like really weird). At the time of her death, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Kansas farm is worth $40,000. Wynn leaves a will that bequeaths “all my property” to Mita, Wynn is survived by Mita and Henry. What distribution?

The non-acquiring spouse has no protection over quasi community property. Henry gets it all.

10

The quasi-CP system gives protection only if what?

The non-acquiring spouse survives the acquiring spouse

11

The quasi-CP system gives protection only if the non-acquiring spouse survives the acquiring spouse, why?

if Henry and Wynn had continued to live in Kansas, on Henry’s death Wynn would be protected from disinheritance by Kansas’s elective share statute. The quasi-CP statute is designed to replace that protection.

12

Henry and Wynn, married in Texas (a community property state) in 1990, moved to California in 1998, bringing with them 2,000 shares of IBM stock which Henry had acquired from his salary. They also own a farm in Texas (the deed names Henry as grantee) acquired from Henry’s salary. Wynn has never been employed. After their move to California,Wynn dies form a freak sex accident with Mita (they were doing some weird shit, like really weird). At the time of her death, there are 2,400 shares of IBM stock in Henry’s name (resulting from stock dividends) and the Texas farm is worth $40,000. Are the IBM stock and Texas farm quasi CP, meaning that Wynn, as the non-acquiring spouse, has no ownership interest to pass by will?

No, both are true community property.