Bar Exam Community Property Flashcards
Master 46 community property concepts for the Bar Exam.
Classification of Property
14 cardsQuestion
What is the general presumption regarding property acquired during marriage in California?
Question
Under California law, what qualifies as separate property?
Transmutation
4 cardsQuestion
What are the requirements for a valid transmutation of property between spouses in California?
Question
What does 'express declaration' mean under California's transmutation statute (Family Code 852)?
Quasi-Community Property
3 cardsQuestion
What is quasi-community property in California?
Question
How is quasi-community property treated upon divorce in California?
Commingling & Tracing
4 cardsQuestion
What happens when separate and community property are commingled in California?
Question
What is the direct tracing method for commingled accounts in California community property law?
Division Upon Dissolution
5 cardsQuestion
What is California's rule for dividing community property upon divorce?
Question
What are the exceptions to California's mandatory equal division of community property?
Question
What is community property with right of survivorship (CPWROS) in California?
Question
What is the putative spouse doctrine in California?
Community Property at Death
3 cardsQuestion
What portion of community property may a deceased spouse dispose of by will in California?
Question
What is the 'widow's election' doctrine in California community property law?
Liability & Creditors
3 cardsQuestion
How does California treat creditor claims against community property?
Question
What is the doctrine of necessaries as applied to community property in California?
Question
What are the requirements for a valid premarital (prenuptial) agreement in California?
Question
How does California's premarital agreement law differ from the standard Uniform Premarital Agreement Act (UPAA)?
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