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Community Property in California

by
Edition:
4th
ISBN13:

9780735526365

ISBN10:
0735526362
Format:
Hardcover
Pub. Date:
1/1/2003
Publisher(s):
Aspen Pub
List Price: $100.00
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  • Community Property in California, Fifth Edition
    Community Property in California, Fifth Edition




Summary

This thorough casebook provides a deep and current analysis of California Community Property issues in a format proven effective through years of successful use in the classroom. When you review Community Property in California, Fouth Edition, you will notice these strengths: outstanding authorship from a recognized expert - Grace Ganz Blumberg draws on her expertise in both community property and family law comprehesive coverage suitable for preparation For The California bar examination and for California practice in the areas of divorce, decedents' estates, And The debtor-creditor law a balanced presentation that combines cases, notes, problems, and other materials to make the casebook both accessible and enlightening inclusion of comparative materials, including the uniform Marital Property Act And The American Law Institutues Principles of the Law of Family Dissolution concise Teacher's Manual helps instructor's prepare for class the Fourth Edition reflects: California's revision of the Uniform Premarital Agreement Act, In response to Marriage of Pendleton & Fireman and Marriage of Bonds the consequences of concealing assets at divorce, illustrated by Marriage of Rossi important statutory developments in the law of non-marital cohabitation And The series of statutes creating rights for domestic partners survivorship community property, The new hybrid of community property and joint tenancy the demise of the estate tax, with concomitant changes in the 'stepped-up basis' rules

Table of Contents

Preface xxiii
Acknowledgments xxvii
Introduction
1(68)
The Relationship between the Family and Property Ownership: A Comparative Overview
1(1)
Marital Property in the United States
2(5)
The Modern American Common Law Marital Property System: The Elective Share and Equitable Distribution
2(3)
Community Property
5(1)
Contrast between Modern Common Law and Community Property Systems
5(2)
Marital Property as a Form of Divorce-Related Wealth Distribution: The Relationship between Property Distribution and Spousal and Child Support
7(3)
Child Support
7(1)
Spousal Support (also known as alimony or maintenance)
7(3)
The Common Law Title System
10(2)
Wirth v. Wirth
11(1)
Notes and Questions
12(1)
Equitable Distribution
12(10)
Painter v. Painter
13(6)
Notes and Questions
19(3)
Why Do We Have a Marital Property System? Or, More Broadly, How Might We Think About Interspousal Wealth Allocation?
22(21)
June Carbone and Margaret Brinig, Rethinking Marriage: Feminist Ideology, Economic Change, and Divorce Reform
26(14)
Notes
40(3)
Professional Education: The Cutting Edge of Several Major Marital Property Issues
43(26)
Marriage of Graham
43(4)
Joan Krauskopf, Recompense for Financing Spouse's Education: Legal Protection for the Marital Investor in Human Capital
47(5)
Mahoney v. Mahoney
52(7)
O'Brien v. O'Brien
59(7)
Notes and Questions
66(3)
The History of California Community Property
69(12)
Major Developments in California Community Property Law
69(2)
The 1849 Constitutional Convention
71(3)
J. Ross Browne, Report of the Debates in the Convention of California on the Formation of the State Constitution in September and October 1849
71(3)
Notes and Questions
74(1)
A Narrative History
74(7)
Transmutation: Contracts and Gifts
81(56)
Contractual Variation of the Statutory Scheme: General Background and the California Case Law Tradition
81(10)
Introductory Note
81(1)
Marriage of Dawley
82(5)
Notes and Questions
87(1)
Marriage of Noghrey
88(2)
Notes and Questions
90(1)
The California Premarital Agreement Act (CPAA)
91(18)
The CPAA, as Enacted in 1985
91(3)
Question
94(1)
The CPAA, as Interpreted by the California Supreme Court in 2000: Marriage of Pendleton & Fireman and Marriage of Bonds
94(1)
Spousal Support Waivers
94(1)
Notes and Questions
95(1)
The Meaning of ``Voluntarily''
96(6)
Notes and Questions
102(3)
The CPAA, as Amended by the Legislature in 2001
105(2)
Notes and Questions
107(2)
Premarital Agreements: The Statute of Frauds and Avoidance Techniques
109(4)
California Family Code Section 1611
109(1)
Executed Oral Agreements
109(1)
Freitas v. Freitas
109(1)
Estoppel to Assert the Statute of Frauds
110(1)
Estate of Sheldon
110(2)
Notes and Questions
112(1)
Transmutation During Marriage
113(24)
Pre-1985 Transmutation
113(1)
Estate of Raphael
113(2)
Notes and Questions
115(1)
Marriage of Jafeman
116(1)
Notes and Questions
117(1)
Post-1984 Transmutation
118(1)
Family Code Sections 850--853
118(1)
Notes and Questions
119(2)
Estate of MacDonald
121(6)
Notes and Questions
127(10)
Definitional and Tracing Issues
137(16)
Introduction
137(1)
Defining Community Property and Separate Property: Onerous or Lucrative Acquisition?
138(12)
William de Funiak and Michael Vaughn, Principles of Community Property
138(1)
Estate of Clark
139(3)
Notes and Questions
142(1)
Andrews v. Andrews
142(3)
Notes and Questions
145(1)
Downer v. Bramet
146(3)
Notes and Questions
149(1)
Tracing
150(3)
The General Principle
150(1)
Estate of Clark
150(1)
Note
150(1)
Tracing Assets to Mixed Sources
150(1)
Conceptual Tracing Difficulties
151(2)
Evidentiary Presumptions in California Community Property Law
153(64)
Introductory Problem
153(1)
The Framework of the California Evidence Code
153(5)
California Evidence Code Sections 500, 600, 601, 603--606
154(4)
Notes and Questions
158(1)
The Presumption that Property Acquired or Possessed During Marriage Is Community Property
158(9)
Lynam v. Vorwerk
159(1)
Fidelity & Casualty Company v. Mahoney
160(2)
Notes and Questions
162(5)
The Role of Title Generally
167(1)
Forms of Title that Raise Presumptions of Gift or Agreement to Transmute
168(43)
The Married Woman's Special Presumption
168(1)
Holmes v. Holmes
169(1)
Louknitsky v. Louknitsky
169(1)
Dunn v. Mullan
170(2)
Notes and Problems
172(2)
Property Held in Joint Title
174(1)
Introduction
174(1)
Joint Tenancy
174(1)
Schindler v. Schindler
175(3)
Bowman v. Bowman
178(2)
Notes and Questions
180(2)
Separate Property Contributions to the Purchase Price of Jointly Titled Property
182(1)
Marriage of Lucas
182(5)
Notes and Questions
187(2)
The ``Anti-Lucas'' Law: Sections 4800.1 and 4800.2
189(3)
Marriage of Buol
192(5)
Notes and Questions
197(2)
Marriage of Heikes
199(9)
Notes and Questions
208(3)
Improvements: Gift Presumptions and Statutory Treatment
211(4)
Marriage of Warren
211(2)
Marriage of Jafeman
213(1)
Notes and Questions
214(1)
The Family Expense Presumption
215(2)
See v. See
215(1)
Note and Problem
216(1)
Classification of Property
217(162)
Tracing Property Purchased from a Commingled Fund
217(17)
See v. See
217(2)
Notes and Problems
219(1)
Marriage of Mix
220(3)
Notes and Questions
223(1)
Estate of Murphy
224(2)
Problem
226(1)
Linda Gach, The Mix-Hicks Mix: Tracing Troubles under California's Community Property System
227(5)
Marriage of Frick
232(1)
Note
233(1)
Apportionment of Business Growth and Profits
234(15)
Beam v. Bank of America
234(5)
Gilmore v. Gilmore
239(1)
Tassi v. Tassi
240(2)
Notes and Questions
242(4)
Cord v. Neuhoff
246(2)
Notes and Questions
248(1)
Credit Acquisitions
249(10)
Gudelj v. Gudelj
250(2)
Notes and Questions
252(1)
Ford v. Ford
253(3)
Notes and Questions
256(1)
Marriage of Grinius
256(3)
Notes and Questions
259(1)
Apportionment of Ownership vs. Reimbursement by the Titled Estate
259(10)
Vieux v. Vieux
259(3)
Notes and Questions
262(2)
Marriage of Moore
264(3)
Notes and Problems
267(2)
Special Classification Problems: Tort Recoveries and Insurance Proceeds
269(14)
Personal Injury Awards
269(5)
Jurek v. Jurek
274(2)
Notes and Questions
276(1)
Recovery for Damage to Property
277(1)
Life Insurance Proceeds
278(1)
Introductory Note
278(1)
Estate of Logan
279(4)
Notes
283(1)
Classification of Employment-Related Interests
283(96)
The Basic Pension Cases
283(1)
Marriage of Brown
283(6)
Notes and Questions
289(1)
Marriage of Gillmore
290(5)
Notes and Questions
295(1)
Note: The Impact of Federal Regulation of Private Sector Pensions on State Marital Property Distribution
296(1)
Business and Professional Goodwill
297(1)
As Property Subject to Division
297(1)
Problem
297(1)
Notes and Questions
298(2)
Marriage of Lukens
300(2)
Valuation of Professional Goodwill at Dissolution of the Community
302(1)
Introduction
302(1)
Fred M. Adams, Is Professional Goodwill Divisible Community Property?
302(1)
Capitalization of Excess Earnings
303(1)
Marriage of Foster
303(3)
Notes and Questions
306(1)
Market Valuation
306(1)
Marriage of Fortier
306(3)
Notes and Questions
309(2)
Covenants Not to Compete
311(1)
Marriage of Czapar
311(3)
Notes
314(1)
Buy-out Agreements
314(1)
Marriage of Slater
314(2)
Notes and Questions
316(1)
Marriage of Marron
317(5)
Notes and Questions
322(2)
Professional Degrees and Licenses
324(1)
Marriage of Sullivan
324(2)
Notes and Questions
326(2)
Marriage of Watt
328(7)
Notes and Questions
335(1)
Further Discussion of Pensions and Other Wage Replacement Benefits
336(1)
Working It Out: The California ``Time Rule''
336(1)
Marriage of Poppe
336(3)
Notes and Questions
339(1)
Marriage of Gowan
340(3)
Notes
343(1)
The Right to Reinstate a Pension
344(1)
Marriage of Forrest
344(1)
Note and Question
345(1)
Marriage of Lucero
345(1)
The Terminable Interest Doctrine
346(1)
Introduction
346(1)
California Case Law Construction of the Terminable Interest Doctrine
347(1)
California Legislative Repeal
348(1)
California Judicial Reception of Civil Code Section 4800.8, now Family Code Section 2610
348(1)
ERISA Partial Preemptive Revival of the Terminable Interest Doctrine for ERISA-Regulated Pensions
349(1)
Disability Benefits
350(1)
Marriage of Jones
350(1)
Notes and Questions
351(2)
Marriage of Stenquist
353(3)
Note and Questions
356(1)
Severance Pay
357(1)
Marriage of Wright
357(2)
Notes and Questions
359(1)
Early Retirement Benefits
360(1)
Marriage of Lehman
360(5)
Notes and Questions
365(1)
Employment-Related Group Life and Health Insurance
366(1)
Life Insurance
366(1)
Marriage of Spengler
366(3)
Notes and Questions
369(1)
Health Insurance
370(1)
Reprise and Finale: Basic Conceptual Difficulties in Determining When Compensation for Labor Is Earned
371(1)
Marriage of Hug
371(6)
Notes and Questions
377(2)
Management and Creditors' Rights
379(56)
Management of Community Property
379(21)
Introduction
379(1)
Susan Westerberg Prager, The Persistence of Separate Property Concepts in California's Community Property System, 1849-1975
379(6)
Real Property Management
385(1)
California Family Code Section 1102
385(1)
Lezine v. Security Pacific Financial Services, Inc.
386(7)
Notes and Questions
393(2)
Personal Property Management
395(1)
California Family Code Section 1100
395(1)
Either Spouse Can Act, but . . .
396(1)
California Financial Code Section 851
396(1)
Notes and Questions
396(1)
Wilcox v. Wilcox
396(1)
Note
397(1)
The Business Exception: Family Code Section 1100(d)
398(1)
Notes and Questions
399(1)
The Personal Belongings Exception: Family Code Section 1100(c)
399(1)
General Limitations on Managerial Power
400(23)
Gifts of Community Property
400(1)
Spreckels v. Spreckels
400(5)
Notes and Questions
405(1)
Fields v. Michael
405(2)
Harris v. Harris
407(2)
Notes and Questions
409(1)
Estate of Bray
409(3)
Notes and Questions
412(1)
The Fiduciary Duty
413(1)
California Family Code Section 721
413(1)
California Family Code Section 1100(e)
414(1)
California Family Code Section 1101
414(1)
California Family Code Section 2602
415(1)
Notes and Questions
416(1)
Marriage of Schultz
417(1)
Marriage of Moore
418(1)
Note
419(1)
Marriage of Beltran
419(1)
Notes
420(1)
Marriage of Lucero
421(1)
Somps v. Somps
422(1)
Notes and Questions
423(1)
Creditors' Rights
423(12)
The Basic Principle
423(1)
Grolemund v. Cafferata
423(3)
Notes
426(1)
The Current California Family Code Debt Liability Provisions
427(1)
California Family Code Sections 900-1000
427(4)
Notes and Problem
431(4)
Inception and Termination of the Economic Community
435(50)
Introduction
435(1)
Lawful Marriage
436(1)
Putative Spouses
437(10)
Estate of Vargas
437(2)
Notes and Questions
439(1)
Wagner v. County of Imperial
439(2)
Notes and Questions
441(1)
Estate of Leslie
442(3)
Notes and Questions
445(2)
Licensing Same-Sex Domestic Relationships
447(4)
Unmarried Cohabitation
451(29)
Marriage of Cary
451(4)
Notes and Questions
455(3)
Marvin v. Marvin
458(7)
Notes and Questions
465(2)
Marvin v. Marvin (on remand)
467(3)
Notes and Questions
470(1)
Richard Denner, Nonmarital Cohabitation after Marvin: In Search of a Standard
471(3)
Notes
474(6)
The End of the Economic Community
480(5)
Marriage of Baragry
481(1)
Notes and Questions
482(3)
Property Distribution at Divorce
485(58)
The Jurisdiction of the Court
485(5)
California Family Code Section 2550
485(1)
Robinson v. Robinson
485(1)
Notes and Questions
486(1)
Marriage of Hebbring
487(1)
Notes and Questions
488(2)
The Equal Division Requirement
490(19)
Deviation from In-Kind Division
490(1)
Marriage of Brigden
490(5)
Notes and Questions
495(2)
Marriage of Connolly
497(2)
Notes and Questions
499(1)
Deliberate Misappropriation of Community Property by One Spouse
499(1)
Williams v. Williams
499(2)
Marriage of Rossi
501(4)
Notes and Questions
505(1)
Division of Liabilities
506(1)
California Family Code Sections 2551 and 2620-2626
507(1)
Notes and Questions
508(1)
Time of Valuation
509(1)
California Family Code Section 2552
509(1)
Marriage of Marron
509(1)
Questions
509(1)
Income Tax Consequences of Division
509(7)
Marriage of Fonstein
510(2)
Note
512(1)
Marriage of Epstein
513(2)
Problem and Notes
515(1)
Community Assets Not Listed in the Pleadings
516(4)
Henn v. Henn
516(2)
Notes and Questions
518(2)
Setting Aside a Property Settlement or Decree for Mistake, Fraud, Breach of Fiduciary Duty, Breach of Confidential Duty, or Duress
520(23)
Kulchar v. Kulchar
521(3)
Notes and Questions
524(1)
Vai v. Bank of America
525(5)
Notes and Questions
530(1)
Marriage of Connolly
531(5)
Notes and Questions
536(1)
Marriage of Alexander
537(3)
Note
540(1)
Marriage of Brockman
540(2)
Note
542(1)
Property Distribution at Death
543(22)
Recapture of Unauthorized Inter Vivos Gifts after the Donor's Death and the Item Theory of Community Property Distribution at Death
543(4)
Dargie v. Patterson
543(2)
Notes and Questions
545(2)
The Surviving Spouse's Obligation to Elect
547(8)
Estate of Prager
547(2)
Estate of Wolfe
549(3)
Notes and Questions
552(3)
Apportionment of Debts
555(4)
Estate of Coffee
556(1)
Notes and Questions
557(2)
The Ancestral Property Succession Statute
559(6)
California Probate Code Section 6402.5
560(1)
Notes and Problems
561(4)
Choice of Law at Divorce and Death
565(44)
Introduction
565(2)
Out-of-State Real Property Acquired by Spouses Domiciled in California at All Relevant Times
567(4)
Introduction
567(1)
At Death
568(1)
At Divorce
569(1)
California Family Code Section 2660
569(1)
Notes and Questions
570(1)
California Real Property Owned by Married Couples Domiciled Outside California at All Relevant Times
571(1)
California Probate Code Section 120
571(1)
Property Acquired by Out-of-State Couples Who Later Become California Domiciliaries
571(30)
The Quasi-Community Property Statutes
571(1)
Estate of Thornton
572(2)
California Probate Code Sections 101 and 66
574(1)
California Family Code Sections 125, 63, and 2550
575(1)
Problem
575(1)
Note: California Death Recapture Legislation for Quasi-Community Property
576(1)
California Probate Code Section 102
576(1)
Notes and Questions
577(1)
The Constitutional and Statutory Limits of Quasi-Community Property
578(1)
Addison v. Addison
578(5)
Notes and Questions
583(1)
Marriage of Roesch
584(2)
Notes and Questions
586(1)
Marriage of Martin
587(4)
Note
591(1)
Marriage of Jacobson
592(2)
Notes and Questions
594(1)
Marriage of Fransen
594(4)
Notes and Questions
598(1)
Marriage of Ben-Yehoshua
599(1)
Notes and Questions
600(1)
Community Property Acquired by Californians Who Subsequently Become Domiciled in Another Jurisdiction (Preacquired Community Property)
601(8)
Quintana v. Ordono
601(3)
Notes and Questions
604(5)
Federal Preemption of State Marital Property Law
609(14)
Boggs v. Boggs
609(8)
Notes and Questions
617(6)
CALIFORNIA STATUTORY APPENDIX
623(92)
Selected Provisions from the California Family Code
625(74)
Selected Provisions from the California Probate Code
699(14)
California Financial Code Section 851
713(2)
Table of Cases 715(6)
Index 721


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