Term
| Defintion of Community Property |
|
Definition
| All things acquired from DOM to DOS except by gift, bequest, devise or decent with rents, issues and profits thereon. |
|
|
Term
Definition of Marriage
Requirements for Valid Marriage |
|
Definition
FLC 300 - Lawful marriage -
Requirements (1) man and woman (2)consent of both parties (3) license (3) solemnization (person authorized to marry)(& must say the magic words) (4) Authenticated |
|
|
Term
Domestic partnership act.
What code section?
Requirements? |
|
Definition
FLC 297.5 - RDPs in CA have the same rights as marrie individuals.
Requirements (1) same sex couple or (2) opposite sex where at least 1 person is over 62 |
|
|
Term
| What are the 4 ways to get into the CP system? |
|
Definition
1- Valid Marriage
2- RDP
3- Quasi Marital Property
4- Marvin Actions |
|
|
Term
| Quasi Marital Property - Code Section? |
|
Definition
| Property acquired when one spouse has a good faith belief that they are married, but through no fault of their own, they're not. Spouse is called a putative spouse. |
|
|
Term
| Requirements for putative spouse |
|
Definition
| (1) At least one party thinks they are married, and (2) good faith belief the marriage was valid, and (3) through no fault of their own it's not. |
|
|
Term
| If a determination is made that a marriage is void or voidable & the court finds that either party, or both parties believed in good faith the marriage was valid, what shall the court do? Section? |
|
Definition
Under 2251-
(1) Declare the party or parties to have the status as putative spouse
(2) if division of property is in issue, divide the property acquired during the union that would have been CP or QCP had not been void or voidable. |
|
|
Term
| What makes a marriage automatically void? |
|
Definition
| Incest (FLC 2200) and Bigamy (FLC 2201) |
|
|
Term
| What makes a marriage voidable? (FLC 2210) |
|
Definition
1. Underage
2. prior existing marriage
3. unsound mind
4. fraud
5. force
6. physical incapacity |
|
|
Term
| What makes a marriage that is voidable under 2210 become valid? |
|
Definition
| The party freely cohabitated with the other as Husband and Wife after the voidable condition ceased. |
|
|
Term
| What are the exceptions to marriages that are automatically void? |
|
Definition
| The former spouse is absent and not konwn to be living for 5 successive years preceding the subsequent marriage, or is generally believed to be dead at the time of subsequent marriage. |
|
|
Term
| If you think your spouse is dead, your marriage is? |
|
Definition
|
|
Term
| What are the 3 things a petitioner can do to end marriage? |
|
Definition
1. Dissolution of marriage
2. Legal separation
3. Nullity of marriage |
|
|
Term
| What are the 2 reasons you can file for dissolution of marriage/ legal separation? |
|
Definition
(1) irreconcilable differences
(2) Incurable insanity |
|
|
Term
| What are the requirements that need to be met in order to bring a Marvin Action? |
|
Definition
1. Must be non-married couple
2. Must be an expressed agreement NOT based upon illegal consideration (sexual conduct)
3. Must be cohabitating (does not require sexual relationship) |
|
|
Term
| When would one usually bring a Marvin Action? |
|
Definition
| To cover the property before marriage during cohabitation, usually brought with the action for dissolution of marriage. |
|
|
Term
| When is the DOS? What's the test for it? |
|
Definition
| The day the marriage is irretrievably broken. Objective test that analyzes subjective intent- how would a 3rd person view the actions of the couple? |
|
|
Term
| DOS- what is the exception to the objective test used to determine when the marriage was irretrievably broken? |
|
Definition
| When the couple is misleading 3rd parties to make it look as if they are still married, look to the subjective intent of the parties to determine the DOS. |
|
|
Term
| In a Marvin action what is the DOS? |
|
Definition
| There is no DOS, only the breach of contract date. |
|
|
Term
|
Definition
(1) Determine CP and divide 50/50
(2) Determine SP and give back to SP holder |
|
|
Term
| What is 2550, the equal division rule? |
|
Definition
| Equal division of community estate unless written/oral agreement states otherwise. |
|
|
Term
| What's the 2601 exception to the equal division rule? |
|
Definition
| Exception to the timing - when one asset far outweighs the others and economic conditions determine selling the asset is not practical, payments from one spouse to the other are permitted. This is rare. |
|
|
Term
| What are the 4 provisions of Quasi Community Property? |
|
Definition
1. Real/personal property
2. Wherever situated
3. That was acquired by either spouse while domiciled elsewhere
4. Which would have been CP if the spouse who acquired the property had been domiciled in CA at the time of its acquisition. |
|
|
Term
| What's the 2 prong test that came from Addison v. Addison to determine the constitutionality of 125 Quasi Community Property? |
|
Definition
1. Both parties are domiciled in CA, and
2. One of the 2 parties moves to alter the status of the marriage in CA (files for divorce). |
|
|
Term
| How can you rebut the 760 presumption that, except as otherwise provided by statute, all property, real or personal, where ever situated, acquired by a married person during marriage while domiciled in CA is CP? |
|
Definition
|
|
Term
| What does the SP of a married person include? FC 770 |
|
Definition
All property owned by person before marriage
All property acquired by the person during marriage by gift, bequest, devise or decent
The rents, issues and profits of the property described in this section. |
|
|
Term
| Non-compliance with which requirement of marriage will not invalidate the marriage? |
|
Definition
|
|
