at divorce
At divorce, all CP assets and debts are divided 50-50 unless the court finds that the “interest of justice requires an unequal division.” However, each spouse must end up with 50% of all CP assets and debts in terms of total economic value. Exceptions to this rule are: 1) misappropriation by one spouse, 2) liabilities exceed assets, 3) education debts assigned to the educated spouse, 4) tort liabilities assigned to the tortfeasor, and 5) family home awarded to person with custody of minor children.
at death
Death of a married person terminates the CP character of any of his property, but the form of title still controls. By will, decedent may dispose of his half CP plus all CP. Surviving spouse is entitled to her half CP.
If decedent in his will tried to dispose of more than one of his share of the CP, the surviving spouse must choose between their CP rights without the will or take under the will in exchange of their CP rights.
If a spouse dies intestate, the surviving spose is entitled to decedent’s share of CP plus at least one-third to a full share of SP, depending on decdent’s number of issue and parents.
quasi community property
a QCP is property acquired by a married couple while they are living in another state that would have been community ahd they been domiciled in california at the time of acquisition. Except for debt collection, WACP is treated as the acquirin spouse’s SP during the marriage (including transferring title)/ At divorce, QCP is treated exactly like CP. Each spouse owns a one-half interest. At death, QCP is treated exactly like CP except the decedent does not have an interest in the surviving spouse’s QCP. Creditor can reach QCP to satisfy debts because it is treated as CP.
Illusory transfer doctrine
Prior to death, if a decedent in CA transfers their QCP to a third party for less than substantial consideration, and the decdent reserved a right to income, power to revoke, or right of survivorship, the surviving spouse may comopel the third party to restore one half of the property (or its value) to the decedent’s estate.
foreign real property
at divorce, CA courts have power to distribute all out of state CP or QCP. If not possible to divide real property, one get’’s equivalent monetary value.
At death, any protection applies only if the non-acquiring spouse survives the other spouse. At death, foreign real property is controlled by the law of the state where it is located.
quasi marital property
a putative spouse is not lawfully married, but has a subjective good faith belief they are. Once they learn marriage is invalid, they can no longer accrue putative spouse property rights. QMP is property acquired by a putative spouse during a void or voidable marriage. The property is treated like CP. the putative spouse is entitled to 1/2 of QMP.
When only one party is a putative spouse, some jurisdictions will treat both parties as putative spouses; others will treat only the innocent party as putative spouse.
Estoppel
- Person who knew marriage invalid can still prevail if they can show that the other spouse also knew the marriage was invalid but wanted to enjoy the benefits of cohabitation. Other party is estopped from denying validity of marriage
- If one induces another into marriage knowing it was invalid, inducing party would be estopped from claiming it was not a marriage; CP protections can still attach.
Conclusion: H and W are putative spouses. The property is classified as QMP.
Note: When one spouse is cheating, consider if the girlfriend is a putative spouse! And say that marriage will be voidable due to bigamy.
two marriages
if a spouse maintains two marriages, courts will divide assets equally between participants OR divide equally between nonguilty participants.
registered domestic partnerships
domestic partners are treated the exact same as married persons in CA. CA recognizes domestic partnerships from other jurisdicitons if the domestic partnership would be valid by the laws of that jurisdiction.
marriages from other jx
california recognizes marriages from other jx if the marriage would be valid by the laws of that jx.
invalid marriage
a lawful marriage requires 1) legal capacity, and 2) formal legal procedures. a marriage is void by bigamy, incest, etc. a marriage is voidable by fraud, coercion, sexual incapacity, lack of consent.
calfironia does not recognize common law marriages that started here in CA, but CA does recognize common law marriages that were valid in other jx.
unmarried cohabitants
calfironia applies general contract principles to such agreements. contract cannot be based solely on sexx services.
