Community Property BY WILLIAM A. REPPY, JR. Duke University Eighteenth Edition GILBERT LAW SUMMARIES Board of Editors RICHARD J. CONVISER Professor of Law, IIT/Kent MICHAEL R. ASIMOW Professor of Law, U.C.L.A. JOHN A. BAUMAN Professor of Law, U.C.L.A. PAUL D. CARRINGTON Professor of Law, Duke University JESSE H. CHOPER Professor of Law, U.C. Berkeley GEORGE E. DIX Professor of Law, University of Texas JESSE DUKEMINIER Professor of Law, U.C.L.A. MELVIN A. EISENBERG Professor of Law, U.C. Berkeley WILLIAM A. FLETCHER Professor of Law, U.C. Berkeley MARC A. FRANKLIN Professor of Law, Stanford University EDWARD C. HALBACH, JR. Professor of Law, U.C. Berkeley GEOFFREY C. HAZARD, JR. Professor of Law, University of Pennsylvania STANLEY M. JOHANSON Professor of Law, University of Texas THOMAS M. JORDE Professor of Law, U.C. Berkeley HERMA HILL KAY Professor of Law, U.C. Berkeley JOHN H. MCCORD Professor of Law, University of Illinois PAUL MARCUS Professor of Law, College of William and Mary RICHARD L. MARCUS Professor of Law, U.C. Hastings ROBERT H. MNOOKIN Professor of Law, Harvard University THOMAS D. MORGAN Professor of Law, George Washington University JARRET C. OELTJEN Professor of Law, Florida State University JAMES C. OLDHAM Professor of Law, Georgetown University ROGER C. PARK Professor of Law, U.C. Hastings WILLIAM A. REPPY, JR. Professor of Law, Duke University THOMAS D. ROWE, JR. Professor of Law, Duke University JON R. WALTZ Professor of Law, Northwestern University DOUGLAS J. WHALEY Professor of Law, Ohio State University CHARLES H. WHITEBREAD Professor of Law, U.S.C. KENNETH H. YORK Professor of Law, Pepperdine University EDITORIAL OFFICES: 111 W. Jackson Blvd., 7th Floor, Chicago, IL 60604 REGIONAL OFFICES: Chicago, Dallas, Los Angeles, New York, Washington, D.C. PROJECT EDITOR Lisa D. Senter, B.A., J.D. Attorney At Law SERIES EDITOR Elizabeth L. Snyder, B.A., J.D. Attorney At Law QUALITY CONTROL EDITOR Sanetta M. Hister Copyright © 2003 by BarBri, a Thomson business. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Printed in the United States of America. Summary of Contents COMMUNITY PROPERTY TEXT CORRELATION CHART COMMUNITY PROPERTY CAPSULE SUMMARY APPROACH TO EXAMS INTRODUCTION I. CLASSIFYING PROPERTY AS COMMUNITY OR SEPARATE PROPERTY Chapter Approach CHART: Characterization of Property as Separate or Community—An Approach A. Basic Statutory Framework CHART: Statutory Characterization of Property by Time of Acquisition B. Presumptions Respecting Ownership C. Special Presumptions CHART: Application of Special Pro-Wife Presumption to Transfers of Property D. Overcoming Pro-Community Presumption by Proof of Separate Ownership CHART: Property Acquired During Marriage—Characterization by Source of Acquisition CHART: Methods of Apportioning Business Profits CHART: Example of Calculation of Community Buy-In CHART: Improvements of Real vs. Personal Property Using Funds of Different Estate CHART: Classification of Personal Injury Recovery E. Altering Statutory and Case Authority by Husband-Wife Agreement F. Exceptions to Normal Classification Rules CHART: Characterization of Property That Is Difficult to Classify II. MANAGEMENT AND CONTROL OF PROPERTY Chapter Approach A. Separate Property B. Community Personal Property CHART: Approach to Determining Spouses’ Management Power over Personal Property C. Community Real Property CHART: Approach to Determining Spouses’ Management Power over Real Property D. Restrictions on Management Powers—Gifts of Property E. Restrictions on Management Powers—Fiduciary Duty of a Spouse F. Restrictions on Management Powers—Incompetency of One or Both Spouses III. LIABILITY FOR DEBTS Chapter Approach A. General Rule B. Exceptions to General Rules C. Special Rules for Tort Liability CHART: Comparison of Community Torts vs. Separate Torts D. Effect of Separation or Divorce on Liability for Debts E. Alimony Pendente Lite and Lump Sum Alimony IV. DISSOLUTION OF THE COMMUNITY Chapter Approach A. Division of Property at Divorce CHART: Method of Distribution of Community Property and Debts at Divorce B. Devolution of Property at Death CHART: Application of Ancestral Property Doctrine upon Death of Surviving Spouse C. Administration of Property and Creditors’ Claims at Death V. RELATIONSHIPS SHORT OF VALID MARRIAGE Chapter Approach A. Putative Marriages CHART: Summary of Four Approaches to Treatment of “Quasi-Marital” Property Before Annulment B. Coexisting “Marriages” C. No Putative Marriage (“Marvin” Relationships) CHART: Putative Marriage vs. Marvin Relationship VI. CONFLICT OF LAWS PROBLEMS Chapter Approach A. Selection of Applicable Law B. Statutory Changes—Quasi-Community Property VII. CONSTITUTIONAL LAW ISSUES Chapter Approach A. Classification of Property Limited by California Constitution B. Equal Protection Standards Under California Constitution C. Due Process Issues Under California Constitution—Retroactivity of Changes in Community Property Law D. Federal Preemption Under United States Constitution (Supremacy Clause) CHART: Characterization of Property with Federal Aspects REVIEW QUESTIONS AND ANSWERS EXAM QUESTIONS AND ANSWERS INDEX i Text Correlation Chart ii