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Community Property

Community Property. Richard M. Cartier San Joaquin College of Law Class 7 [294-322]. Hicks, Mix & See. Hicks : Sp funds commingled with cp funds do not lose their character so long as they can be identified and traced. Mix : direct tracing Availability of SP + Intent to use SP

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Community Property

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  1. Community Property Richard M. Cartier San Joaquin College of Law Class 7 [294-322]

  2. Hicks, Mix & See • Hicks: Sp funds commingled with cp funds do not lose their character so long as they can be identified and traced. • Mix: direct tracing • Availability of SP + Intent to use SP • See: exhaustion of funds • All CP exhausted at time of acquisition

  3. Commingled accts – make tracing relevant • Establish character of funds in account • Cp • Sp • Establish acquisition from account • GCP if acquisition during marriage • Rebutted by tracing • Apply: Hicks, Mix & See • Contemporaneous records required UNLESS unavailable owing to no fault of tracer

  4. Apportionment of Business Profits • Pereira • Sp interest* + reasonable rate of return = sp; • the residue = cp • Van Camp • value of cp labor – amount received = cp; • the residue = sp

  5. Credit Acquisitions • All property acquired during M is presumed community property • Credit acquisitions presumed cp • Rebutted by showing intent of lender • To rely primarily on Sp as security (Gudelj) • To rely solely on sp as security (Grinius) • What is the intent of a reasonable lender? • “general credit” is a cp asset (Ford)

  6. SP to CP Principal pay down Improvements Maintenance CP to SP Principal pay down Improvements Maintenance Apportionment of Ownership v.Reimbursement by the Titled Estate

  7. Moore / Marsden [Aufmuth] • CP $ to pay on SP • Pro rata ownership • FORMULAE (CP$ / total contributions X appreciation during M) + CP $ = community interest (SP$ / total contributions X Appreciation during M) + SP $ = separate property interest

  8. Tort Recoveries • Community Estate Personal Injury Damages • Cause of Action arises during marriage • Family Code § 781 • Family Code § 2603 • “Assigned” to the injured spouse on disso, UNLESS commingled or interest of justice requires otherwise /Marriage of Devlin (1982) 138 Cal.App.3d 804

  9. 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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