Play video

The Impact of Separation

Learn about the effect of separation on the marital economic community and the fiduciary duties spouses owe each other.

Transcript

The dissolution process allows spouses to formally end their marriage. But while that process is pending, and sometimes even before it’s initiated, spouses might separate. Let’s take a closer look at the impact of separation on property rights and fiduciary duties.

 I. End of the Marital Economic Community

Recall that a marital economic community arises when a couple marries, and with it comes a presumption that property acquired by either spouse is community property. That economic...

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