WHAT TO SAY ON ALL ESSAYS
California is a community property state. All property acquired during the marriage is presumed to be CP. Property is SP in the following situations: 1) property acquired before marriage or after permanent separation, 2) property acquired through gift or inheritance, 3) the rents, issues, and profits derived from SP, and 4) property acquired with SP funds. The burden is on the spouse claiming SP to defeat the CP presumption. Courts use the source rule to determine the character of the property by tracing the funds used to acquire the property. The marital economic community (MEC) begins at marriage and ends at the death of either spouse, at divorce or with the intent of either spouse not not to resume the marital relationship coupled with conduct indicating that intent (e.g. permanent physical separation). If spouses maintain the facade of the marriage, the MEC has not ended. Upon divorce, CA requires all CP to be distributed equally between spouses. This applies to all CP as well as CP liabilities. Each item of CP should be distributed 50/50, unless economic circumstances warrant a different distribution. Each spouse keeps his or her own SP. At death, the surviving spouse receives 100% of the CP. Also, the surviving spouse is entitled to at least 1/3 share of the decedent’s SP, depending on how many issue or heirs, if any, the decedent left behind.
