Community Property in California

by Blumberg, Grace Ganz

• ISBN13: 9780735526365
• ISBN10: 0735526362
• Edition: 4th
• Format: Hardcover
• Copyright: 2003-01-01
• Publisher: Wolters Kluwer

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