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Community Property Versus Separate Property

Learn the difference between separate property and community property and the significance of the community property presumption.

Transcript

Once a couple enters a valid marriage, creating a marital economic community, California’s community property laws come into effect. The California Family Code makes a fundamental distinction between community property and separate property, with most of the code’s provisions applying only to community property. Consequently, the starting point for any analysis of spousal property rights is determining whether the property at issue is community property or separate property.

I. Community...

Lessons

1. Welcome to California Community Property
  • Welcome to California Community Property
2. Property in the Marriage Context
  • Creation of the Marital Economic Community
  • Community Property Versus Separate Property
  • The Characterization Process
3. Characterizing Property
  • Work-Related Compensation
  • Business Interests
  • Other Personal Property
  • The Marital Home
  • Title Forms for Real Property
4. Management, Control, and Liability
  • Management and Control of Personal Property
  • Management and Control of Real Property
  • Fiduciary Duties
  • Liability for Debts
5. Modifying Rules by Agreement
  • Premarital Agreements
  • Defenses to Premarital Agreements
  • Transmutation Agreements
6. Distribution on Dissolution or Death
  • The Dissolution Process
  • The Impact of Separation
  • The Distribution of Assets and Debts on Dissolution
  • Spousal and Child Support
  • The Distribution of Assets and Debts on Death
7. Nonmarital Relationships Affecting Property
  • Registered Domestic Partnerships
  • Void and Voidable Marriages
  • Marvin Relationships