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Community Property Outline

Law Outlines > California Bar Exam - Simple Study Guide Outlines

This is an extract of our Community Property document, which we sell as part of our California Bar Exam - Simple Study Guide Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

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COMMUNITY PROPERTY PRESUMPTIONS CP: All property acquired while domiciled in CA during a valid marriage presumed CP. Acquisition when earned, not received. SP: All property acquired before marriage, after permanent separation, or by gift, devise, bequest, or from SP, presumed SP. Married woman's presumption: Rebuttable presump that prop acq <1975 in woman's name (not Mr/Mrs or JT) is her SP. Overcome: Written title form shows agreed hold as non-CP: Agreed non-CP (transmutation); Title shows gift to other spouse Reimbursement: CP used for child/spousal support, SP avail; SP used on other spouse's necessaries; unauth gifts; CP on own SP; SP on CP; education expenses/loans TRANSMUTATIONS: Agreement between spouses to change character of asset. No consideration needed. Prenuptial: SOF applies unless oral fully performed. No child/spousal support mod. Def: Not signed voluntarily. Unconscionable when made, no fair disclosure, no waiver of disclosure, no actual knowledge. Postnuptial: Oral before '85, written after '85 expressly stating change in ownership. Married woman's special presumption: Prop acq before '75 titled in woman's name is her SP, unless otherwise intended. Gifts of a personal nature from one spouse to another, as long as not substantial in value. MANAGEMENT AND CONTROL: Spouses have equal management and control of all CP during marriage. Exceptions: Real property transfers: Both spouses must join. Screwed spouse can set aside deed, void tx w/in 1 year from conveyance. Personal belongings: Can't make gift of CP pers prop w/out consent; revoke during gifter's lifetime; get half if he's dead Spouse managing a business: Acts alone, but written notice before sale of substantial personal property of business. Remedy for

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