Classify Relationship

Question 1

Initial paragraph and SP - Source Rule

Answer 1

CA-CP-B-DIG-S-PIR-B-SCI-SQ - (Before Devise Inheritance Gift SP Profits Issues Rent Burden Source Change Intent)

1. CA is CP state, property acquired during marriage presumed CP;
2. Before or after marriage (sepration with permant intent facts);
3. During marriage by Gift, Inheritance, Devise;
4. From SP funds;
5. Profits, Issue, and Rents of SP.
6. Burden on SP proponent to defeat CP presumption.
7. Source rule to trace;
8. Mere change in form does not change character;
9. Credit/Loans = intent of lender.
10. Acquired in SP state before CA domicile in CA is QCP - treated as CP on death or divorce.

Question 2

Valid Marriage

Answer 2

MAFC - Mutual Age Formalities Capacity

1. requires Mutual assent;
2. Sufficient age (18+)
3. legal Capacity
4. Formalities (License and Solemnization)

Question 3

Marital Economic Community (MEC)

Answer 3

BEDDLIF (Begins Ends Divorce Death Living Intent Façade)

1. Begins at Marriage;
2. Ends at Death (either spouse);
3. Divorce; or
4. Intent of either spouse not to resume coupled with conduct;
5. Living separate not required since 2017, but relevant;
6. Facade of marriage, MEC not ended.

Question 4

Division of Property on Divorce or Death

Answer 4

CEEPSDEDI - (CP Equally Earning Power Spousal Debt Each Death Inures)

1. CP divided equally on per item basis unless special rule (PI, etc.);
2. Earning power not considered except Spousal Support or Debt;
3. Each spouse entitled to own SP
4. Death - CP inures to survivor
   ___
   A. Equal division or in kind CP with few exceptions;
   B. Time nearest to trial except value-add assets;
   C. Tax consequences factored into division;
   D. Unpaid debts divided or assigned;
   E. Timing of incurring debt relevant (before, during, after separation, post divorce)
   F. Intestate - all JT, CP, & 1/3 of SP to surviving;
   G. Testate - JT & 1/2 of CP go to surviving;