This is an extract of our Community Property document, which we sell as part of our Community Property Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Community Property Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
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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