California community property: examples & explanations PDF
Preview California community property: examples & explanations
California Community Property 2 EDITORIAL ADVISORS Erwin Chemerinsky Dean and Distinguished Professor of Law Raymond Pryke Professor of First Amendment Law University of California, Irvine School of Law Richard A. Epstein Laurence A. Tisch Professor of Law New York University School of Law Peter and Kirsten Bedford Senior Fellow The Hoover Institution Senior Lecturer in Law The University of Chicago Ronald J. Gilson Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stern Professor of Law and Business Columbia Law School James E. Krier Earl Warren DeLano Professor of Law The University of Michigan Law School Richard K. Neumann, Jr. Professor of Law Maurice A. Deane School of Law at Hofstra University Robert H. Sitkoff John L. Gray Professor of Law Harvard Law School David Alan Sklansky Stanley Morrison Professor of Law, Stanford Law School Faculty Co-Director, Stanford Criminal Justice Center 3 EXAMPLES & EXPLANATIONS California Community Property Fifth Edition Charlotte K. Goldberg Professor Emeritus of Law Loyola Law School, Los Angeles 4 Copyright © 2016 CCH Incorporated. Published by Wolters Kluwer in New York. Wolters Kluwer Legal & Regulatory Solutions U.S. serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.WKLegaledu.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.WKLegaledu.com, or a written request may be faxed to our permissions department at 212-771-0803. To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Wolters Kluwer Attn: Order Department PO Box 990 Frederick, MD 21705 Library of Congress Cataloging-in-Publication Data Names: Goldberg, Charlotte K., 1946- author. Title: California community property / Charlotte K. Goldberg. Description: Fifth edition. | New York : Wolters Kluwer, [2016] | Includes bibliographical references and index. Identifiers: LCCN 2015046834 | eISBN: 978-1-4548-7603-8 Subjects: LCSH: Community property—California—Problems, exercises, etc. Classification: LCC KFC125.C6 G647 2016 | DDC 346.79404/2—dc23 LC record available at http://lccn.loc.gov/2015046834 5 About Wolters Kluwer Legal & Regulatory Solutions U.S. Wolters Kluwer Legal & Regulatory Solutions U.S. delivers expert content and solutions in the areas of law, corporate compliance, health compliance, reimbursement, and legal education. Its practical solutions help customers successfully navigate the demands of a changing environment to drive their daily activities, enhance decision quality, and inspire confident outcomes. Serving customers worldwide, its legal and regulatory solutions portfolio includes products under the Aspen Publishers, CCH Incorporated, Kluwer Law International, ftwilliam.com, and MediRegs names. They are regarded as exceptional and trusted resources for general legal and practice-specific knowledge, compliance and risk management, dynamic workflow solutions, and expert commentary. 6 To My Husband Howard 7 Summary of Contents Contents Preface Acknowledgments Chapter 1 Introduction Chapter 2 The Community Chameleon: How Property Can Be Changed by Agreement Chapter 3 Evidentiary Presumptions Chapter 4 Let Me Call It Mine, Yours, or Ours: The Role of Title in Characterization of Property Chapter 5 The Tangible and the Intangible: Classification of Specific Types of Property Chapter 6 Who Has the Power? Management and Control of Community Property Chapter 7 What if We Have Debts? Creditors' Rights and the Community Chapter 8 How Do I Leave Thee? Division at Divorce Chapter 9 Until Death Do Us Part? Division at Death Chapter 10 Quasi-Community Property Chapter 11 Putative or Partners: Problems That Arise When Couples Are Not Married Chapter 12 Domestic Partnerships Table of Cases Table of Statutes Index 8 Contents Preface Acknowledgments Chapter 1 Introduction How Did We Get to Where We Are Today? Community Property and Common Law Concepts Converge Common Law Ideas Dominate Let's Get to the Basics Consequences of Characterization Only Two Categories Does It FIT? Chapter 2 The Community Chameleon: How Property Can Be Changed by Agreement Premarital Agreements: Purpose and Background Changing Perceptions of Public Policy Challenging a Premarital Agreement Premarital Agreements in California, 1986 to the Present The 1986 Premarital Agreement Act General Requirements Subjects of Premarital Agreements Defenses to Enforceability The 2002 Premarital Agreement Act Amendments Subjects of Premarital Agreements as of 2002 Enforceability of Premarital Agreements as of 2002 Retroactivity of Family Code Amendments Transmutation: Prior to 1985 Transmutation: 1985 to the Present How to Transmute: Estate of MacDonald Extrinsic Evidence Third-Party Acquisitions: Marriage of Valli Gift Exception “Commingled or Otherwise Combined” “Statement in a Will” Chapter 3 Evidentiary Presumptions The General Community Property Presumption 9 Acquired or Possessed? Short Marriages/Burden of Proof Presumption When Title Is in One Spouse's Name Apportionment The Married Woman's Special Presumption Chapter 4 Let Me Call It Mine, Yours, or Ours: The Role of Title in Characterization of Property Joint Tenancy Deeds and Titles The Title or the Funds? Reimbursement of Separate Property The Two-Step Analysis: Characterization and Reimbursement Oral or Written Agreement for Rebuttal? Oral Agreement Prior to 1984 No Agreement Prior to 1984 Summary Community Property Deeds and Titles The 1987 Amendments Two Sets of Rules? Community Property with Right of Survivorship Tenancy in Common Spotlight on Reimbursement Improvements: Selfish or Selfless? Separate Property Funds Improve Other Spouse's Separate Property Community Property Funds Improve Other Spouse's Separate Property Community Property Funds Improve His or Her Own Separate Property Amount of Reimbursement Chapter 5 The Tangible and the Intangible: Classification of Specific Types of Property Commingled Bank Accounts Family Expense Presumptions: Community Property First Presumptions and Tracing Rules Exhaustion Method: See v. See Direct Tracing Method: Marriage of Mix/Estate of Murphy Keeping Adequate Records Joint Bank Accounts Community Businesses, Professional Practices, and Goodwill What Is Goodwill? How to Value Goodwill? Educational Degrees 10
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