1 / 10

Community Property

Community Property. Richard M. Cartier San Joaquin College of Law Class 12 [541-609]. Putative Spouse. A defect that prevents a lawful marriage One or both spouses have a good faith belief in the existence of a valid marriage Good faith is tested subjectively BUT

brook
Download Presentation

Community Property

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Community Property Richard M. Cartier San Joaquin College of Law Class 12 [541-609]

  2. Putative Spouse • A defect that prevents a lawful marriage • One or both spouses have a good faith belief in the existence of a valid marriage • Good faith is tested subjectively BUT • Good faith must be objectively reasonable • Putative status lost when spouse learns of invalidity /Distinguish non-marital cohabitation “Marvinizers”

  3. Three “typical” putative scenarios • Deficiency • In the marriage • In the divorce • Serial monogamy – IRMO Hafner • Blatant bigamy – Estate of Vargas

  4. Property rights in a putative relationship • Decedent’s sp – Estate of Leslie • Quasi-marital property • Treated like community property EXCEPT • Either spouse may seek a division of the QMP (nullity action) • Only “putative spouse” entitled to ss or atty fees • Possibility of quantum meruit recovery if no QMP?

  5. Terminating the economic community • Date of Separation • The parties have come to a parting of the ways with no present intent to carry on a marital relationship • Objective view • Undisclosed intent not controlling • Effect of reconciliation – IRMO Jaschke

  6. Property Distribution at Disso • Family Code § 2550 • Cases • Robinson – p. 541 • Hebbring – p. 543 • Marriage of McNeill n. 2 p. 545

  7. The Equal Division Requirement • Family Code §§ 2600 and 2601 • Cases • Brigden – p. 547 • Connolly – p. 555 • Williams – p. 558 • Rossi – p. 560

  8. Division of Liabilities • Family Code §§ 2620-2626 • Time of Valuation • Tax Consequences

  9. Omitted assets/liabilities • OLD LAW: Henn Motions • NEW LAW: Family Code § 2556

  10. Setting Aside a Judgment • Family Code §§ 2120-2128 • Cases Varner – p. 585 Heggie – p. 597 • Alexander – p. 603 • Brockman – p. 607 /Compare CCP §473; equity: “intrinsic v. extrinsic”

More Related