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Creation of the Marital Economic Community

Learn how a couple enters a valid marriage that gives rise to a marital economic community.

Transcript

The California Family Code contains numerous community property rules. Those rules come into effect when spouses legally marry, at which point the spouses are considered an economic community. That economic community continues until the marriage’s dissolution or the death of a spouse. Because the community property rules apply only if a valid marriage exists, a threshold question is whether there’s a valid marriage.

The Fourteenth Amendment to the United States Constitution is construed to...

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
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