Gilbert Law Summaries on Community Property

289 Pages·2004·7.429 MB·English

by  William A. Reppy Jr.

Community Property
BY WILLIAM A. REPPY, JR.
Duke University
Eighteenth Edition
GILBERT LAW SUMMARIES
Board of Editors
RICHARD J. CONVISER
Professor of Law, IIT/Kent
MICHAEL R. ASIMOW
Professor of Law, U.C.L.A.
JOHN A. BAUMAN
Professor of Law, U.C.L.A.
PAUL D. CARRINGTON
Professor of Law, Duke University
JESSE H. CHOPER
Professor of Law, U.C. Berkeley
GEORGE E. DIX
Professor of Law, University of Texas
JESSE DUKEMINIER
Professor of Law, U.C.L.A.
MELVIN A. EISENBERG
Professor of Law, U.C. Berkeley
WILLIAM A. FLETCHER
Professor of Law, U.C. Berkeley
MARC A. FRANKLIN
Professor of Law, Stanford University
EDWARD C. HALBACH, JR.
Professor of Law, U.C. Berkeley
GEOFFREY C. HAZARD, JR.
Professor of Law, University of Pennsylvania
STANLEY M. JOHANSON
Professor of Law, University of Texas
THOMAS M. JORDE
Professor of Law, U.C. Berkeley
HERMA HILL KAY
Professor of Law, U.C. Berkeley
JOHN H. MCCORD
Professor of Law, University of Illinois
PAUL MARCUS
Professor of Law, College of William and Mary
RICHARD L. MARCUS
Professor of Law, U.C. Hastings
ROBERT H. MNOOKIN
Professor of Law, Harvard University
THOMAS D. MORGAN
Professor of Law, George Washington University
JARRET C. OELTJEN
Professor of Law, Florida State University
JAMES C. OLDHAM
Professor of Law, Georgetown University
ROGER C. PARK
Professor of Law, U.C. Hastings
WILLIAM A. REPPY, JR.
Professor of Law, Duke University
THOMAS D. ROWE, JR.
Professor of Law, Duke University
JON R. WALTZ
Professor of Law, Northwestern University
DOUGLAS J. WHALEY
Professor of Law, Ohio State University
CHARLES H. WHITEBREAD
Professor of Law, U.S.C.
KENNETH H. YORK
Professor of Law, Pepperdine University
EDITORIAL OFFICES: 111 W. Jackson Blvd., 7th Floor, Chicago, IL 60604
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PROJECT EDITOR
Lisa D. Senter, B.A., J.D.
Attorney At Law
SERIES EDITOR
Elizabeth L. Snyder, B.A., J.D.
Attorney At Law
QUALITY CONTROL EDITOR
Sanetta M. Hister
Copyright © 2003 by BarBri, a Thomson business. All rights reserved. No part of this
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America.
Summary of Contents
COMMUNITY PROPERTY TEXT CORRELATION CHART
COMMUNITY PROPERTY CAPSULE SUMMARY
APPROACH TO EXAMS
INTRODUCTION
I. CLASSIFYING PROPERTY AS COMMUNITY OR SEPARATE PROPERTY
Chapter Approach
CHART: Characterization of Property as Separate or Community—An
Approach
A. Basic Statutory Framework
CHART: Statutory Characterization of Property by Time of Acquisition
B. Presumptions Respecting Ownership
C. Special Presumptions
CHART: Application of Special Pro-Wife Presumption to Transfers of
Property
D. Overcoming Pro-Community Presumption by Proof of Separate Ownership
CHART: Property Acquired During Marriage—Characterization by Source
of Acquisition
CHART: Methods of Apportioning Business Profits
CHART: Example of Calculation of Community Buy-In
CHART: Improvements of Real vs. Personal Property Using Funds of
Different Estate
CHART: Classification of Personal Injury Recovery
E. Altering Statutory and Case Authority by Husband-Wife Agreement
F. Exceptions to Normal Classification Rules
CHART: Characterization of Property That Is Difficult to Classify
II. MANAGEMENT AND CONTROL OF PROPERTY
Chapter Approach
A. Separate Property
B. Community Personal Property
CHART: Approach to Determining Spouses’ Management Power over
Personal Property
C. Community Real Property
CHART: Approach to Determining Spouses’ Management Power over Real
Property
D. Restrictions on Management Powers—Gifts of Property
E. Restrictions on Management Powers—Fiduciary Duty of a Spouse
F. Restrictions on Management Powers—Incompetency of One or Both Spouses
III. LIABILITY FOR DEBTS
Chapter Approach
A. General Rule
B. Exceptions to General Rules
C. Special Rules for Tort Liability
CHART: Comparison of Community Torts vs. Separate Torts
D. Effect of Separation or Divorce on Liability for Debts
E. Alimony Pendente Lite and Lump Sum Alimony
IV. DISSOLUTION OF THE COMMUNITY
Chapter Approach
A. Division of Property at Divorce
CHART: Method of Distribution of Community Property and Debts at
Divorce
B. Devolution of Property at Death
CHART: Application of Ancestral Property Doctrine upon Death of
Surviving Spouse
C. Administration of Property and Creditors’ Claims at Death
V. RELATIONSHIPS SHORT OF VALID MARRIAGE
Chapter Approach
A. Putative Marriages
CHART: Summary of Four Approaches to Treatment of “Quasi-Marital”
Property Before Annulment
B. Coexisting “Marriages”
C. No Putative Marriage (“Marvin” Relationships)
CHART: Putative Marriage vs. Marvin Relationship
VI. CONFLICT OF LAWS PROBLEMS
Chapter Approach
A. Selection of Applicable Law
B. Statutory Changes—Quasi-Community Property
VII. CONSTITUTIONAL LAW ISSUES
Chapter Approach
A. Classification of Property Limited by California Constitution
B. Equal Protection Standards Under California Constitution
C. Due Process Issues Under California Constitution—Retroactivity of Changes in
Community Property Law
D. Federal Preemption Under United States Constitution (Supremacy Clause)
CHART: Characterization of Property with Federal Aspects
REVIEW QUESTIONS AND ANSWERS
EXAM QUESTIONS AND ANSWERS
INDEX
i
Text Correlation Chart
ii