Community Property Essay

God, CP in-class outline is much more helpful than Wills and Trusts but my little brain is really tired now. Let me try a little bit.

Cutie Power!!!

Opening:
0. Governing Law ( married&domiciled in CA)
1. CA is a CP state.
2. Define CP. (Quasi-CP)
3. Define SP.

1. before marriage
2. after permanent seperation
3. by gift or inheritance ( Good Dogs Bark: Gift/Devise/ Bequest)

4. Characterization: Tracing Funds/Mutual Agreement/Legal Presumption
5. Change of Form won't change character

Item by Item: Characterization/Transmutation/Presumption

• Where is the purchase money from? CP then CP/SP then SP
  
• Is there any valid agreement between H&W? pre-marriage agreement ( requirement)
  
• Is there any special laws/regulations? ( Federal Preemption)
  

• Personal Injury
• Retirement
• Stock
• Education(equitable defense)
  
• One spouse biz starting before marriage(Van Camp/Pereira)
  

Distribution:

1. Death ( crossover Wills: Spouse Election Right)
2. Divorce

Creditors:

1. prior marriage debts

Rlated Checklist:

• Common Law Marriage
• Putative Spouse ( quasi-MP)
• 1975 Married Woman Special Presumptioni
• 1985 Lucus & Anti-Lucus