VIII. PROPERTY ACQUIRED OUTSIDE THE MARITAL RELATION Flashcards Preview

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Flashcards in VIII. PROPERTY ACQUIRED OUTSIDE THE MARITAL RELATION Deck (10)
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1

Does CA recognize common law marriages?

Generally, no

2

When does CA recognize common law marriages?

Where common law marriage is validly contracted in another state

3

Hobie Gates and Winkie Waters are living together in California, but they are not married. Pooling their resources 50-50, they buy a house, taking title in the name of “Hobie Gates and Winkie Waters, husband and wife.” How is title held?

Tenants in common each owning 1/2 interest separately.

4

Marvin and Michelle have gone out for five years. When Michelle asks about marriage, Marvin replies, “Out of the question. I’ll tell you what, though. If you will move in with me, cook and clean for me and … provide other services, we can have all of the benefits of marriage anyway.” Michelle does so, even though it means forsaking a promising acting career. Ten years later, they split. In the meantime, Marvin has accumulated assets worth $400,000 from selling tax shelters. What are Michelle’s rights? (what law governs?)

The property relationships between Marvin and Michelle are governed by contract law, either express or implied from conduct. Would need to do contract analysis as to whether contract existed on these facts. As long as the contract is not based solely on sexual services.

5

After Daphne moved from Texas to California, she met and fell in love with Luther, an attorney. When Daphne asked about marriage, Luther (knowing it to be false) told Daphne that they did not need to go through a ceremonial marriage because California recognizes common law marriages. On that basis, Daphne moved in with Luther, and they lived together as husband and wife for ten years – when Daphne learns the truth and moves out. During their ten years together, Daphne and Luther acquired property worth $200,000 from Luther’s earnings.

In a relationship with Luther, Daphne is called what?

a punitive spouse

6

After Daphne moved from Texas to California, she met and fell in love with Luther, an attorney. When Daphne asked about marriage, Luther (knowing it to be false) told Daphne that they did not need to go through a ceremonial marriage because California recognizes common law marriages. On that basis, Daphne moved in with Luther, and they lived together as husband and wife for ten years – when Daphne learns the truth and moves out. During their ten years together, Daphne and Luther acquired property worth $200,000 from Luther’s earnings.
What test is used for Daphne to see if she has any rights?

Whether she had an objectively reasonable and good faith belief that they were lawfully married.

7

After Daphne moved from Texas to California, she met and fell in love with Luther, an attorney. When Daphne asked about marriage, Luther (knowing it to be false) told Daphne that they did not need to go through a ceremonial marriage because California recognizes common law marriages. On that basis, Daphne moved in with Luther, and they lived together as husband and wife for ten years – when Daphne learns the truth and moves out. During their ten years together, Daphne and Luther acquired property worth $200,000 from Luther’s earnings.
If the court finds that Daphne had an objectivaly reasonable and good faith belief that they were married the assets acquired by Luther and Daphne are called what?

quasi marital property

8

After Daphne moved from Texas to California, she met and fell in love with Luther, an attorney. When Daphne asked about marriage, Luther (knowing it to be false) told Daphne that they did not need to go through a ceremonial marriage because California recognizes common law marriages. On that basis, Daphne moved in with Luther, and they lived together as husband and wife for ten years – when Daphne learns the truth and moves out. During their ten years together, Daphne and Luther acquired property worth $200,000 from Luther’s earnings.
If the court finds that Daphne had an objectivaly reasonable and good faith belief that they were married the assets acquired by Luther and Daphne are called quasi marital property, how are they split?

50/50

9

After Daphne moved from Texas to California, she met and fell in love with Luther, an attorney. When Daphne asked about marriage, Luther (knowing it to be false) told Daphne that they did not need to go through a ceremonial marriage because California recognizes common law marriages. On that basis, Daphne moved in with Luther, and they lived together as husband and wife for ten years – when Daphne learns the truth and moves out. During their ten years together, Daphne and Luther acquired property worth $200,000 from Luther’s earnings.
If the court finds that Daphne had an objectivaly reasonable and good faith belief that they were married the assets acquired by Luther and Daphne are called quasi marital property.
If Luther is found to be a 'Bad Faith Partner" what is he not entitled to?

he is not entitled to ½ property earned by her labor (which would otherwise be CP, subject to 50/50 split).

10

After Daphne moved from Texas to California, she met and fell in love with Luther, an attorney. When Daphne asked about marriage, Luther (knowing it to be false) told Daphne that they did not need to go through a ceremonial marriage because California recognizes common law marriages. On that basis, Daphne moved in with Luther, and they lived together as husband and wife for ten years – when Daphne learns the truth and moves out. During their ten years together, Daphne and Luther acquired property worth $200,000 from Luther’s earnings. If Daphne was aware that they were not lawfully married, their relationship is characterized as what?

unmarried cohabitants. Absent a contract (express or implied), Luther keeps what he acquired and Daphne keeps what she acquired.