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Community Property

Community Property. Richard M. Cartier San Joaquin College of Law Class 8 [322-413; 685-699]. Insurance. Life Insurance Whole life Term life Justice King’s musings . . . If uninsurabilty arises during marriage + guaranteed right to renew . . . . Casualty Insurance.

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Community Property

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  1. Community Property Richard M. Cartier San Joaquin College of Law Class 8 [322-413; 685-699]

  2. Insurance • Life Insurance • Whole life • Term life • Justice King’s musings . . . If uninsurabilty arises during marriage + guaranteed right to renew . . . . • Casualty Insurance

  3. Employment related interests • Pensions • Defined benefit • Defined contribution • Non-vested • Vested • Matured

  4. Pension cases • IRMO Brown –322 • “Cash out” • “Brown out” • Reserve jurisdiction? • QDRO • IRMO Gillmore – 330 • “Gillmore election”

  5. Business and Professional Goodwill • What is it? • How do we value it?

  6. Professional Degrees and Licenses • IRMO Sullivan • IRMO Watt Fam. C §§ 2641; 4320 Student loans – Fam. C § 2627

  7. Pension benefits • “time rule’’ • IRMO Poppe – p. 338 • Right to reinstate a pension • IRMO Lucero – p. 342 • Terminable interest doctrine

  8. Other wage replacement benefits • Disability benefits • IRMO Jones – p. 348 • IRMO Steinquist – p. 352 • IRMO Saslow – n 2 –p. 355 • Mansell II – n 3 – p. 356

  9. More wage replacement benefits • Severance pay: Wright – 356 • Contract right + Related to services during marriage • Early Retirement Benefits: Lehman – 360 • Group health and life insurance: Spengler – 366 • Stock Options: Hug – 371 • Compensation for past service OR “golden handcuffs”

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