Family Law - Chapter 4 - Property #1 Quiz
Family Law - Chapter 4
- Property #1 Quiz
Read pages 207 through 227 in Chapter 4 - Property Rights and Obligations and answer the following questions
1. What is the "source rule" as outlined in the George v. Ransom case of 1860, and how does it apply today? see page 209
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2. In 1975 how did the Calif. legislature recognize and preserve the equality of spouses in the marital relationship?see page 209
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3. What was the fundamental underlying principle of community property established by the California Legislature in 1975? see page 210
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4. Who has exclusive jurisdiction over the division of property and why? see page 211.
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5. Suppose a California Husband and Wife are in a California divorce, but have property in New York, which court, California or New York determines who gets the New York property?
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6. How does FC 760 define quasi-community property? see page 213.
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7. What is quasi-marital property and a putative marriage? see page 213.
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8. What is the four step process in the examination of community property? see page 213
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9. What is the definition of Real Property and Personal Property? see page 214.
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10. What is a presumption and how does it work in FC 760 once a piece of property is determined to have been acquired during marriage? see page 216
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11. Why is FC 760 property not a "title presumption", and how can yhou overcome the presumption? see page 217
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12. Suppose a married woman acquired separate property prior to 1975, can the husband refute that it is her separate property if a 3rd party in good faith purchased the property from the wife? see page 217. Suppose the wife promised to give the piece of property to the husband, can he then refute the presumption that the property is separate property of the wife?
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13. Suppose husband and wife acquire property, and it is acquired as the "sole and separate property" of wife, and suppose that it was acquired with community funds, it is then considered "community property" of tha parties, true or false? see page 218.
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14. What is "contribution" and how does it work according to FC 2581? see page 220.
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15. What is the "holding" of the Marriage of Lucas case at 27 Cal. 3d 808 (1980)?
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16. Define the standard of "clear and convincing evidence"?
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17. Describe how a piece of property owned by joint tenants, is treated when one party dies, compared to when the parties divorce? How is it treated differently?
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18. Suppose a husband, uses his own money after marriage to buy a boat, taken out as "Husband and Wife" as joint tenants, and the only reason for putting it in "joint tenancy" was for tax purposes. Suppose the boat increases in value from $20,000 to $80,000. How much does Husband get when the boat is sold in a divorce. see page 223
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19. What is "tracing" in the context of FC 2640? see page 224
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20. Why is "tracing" not relevant to FC 2581 property, while it is relevant to FC 2640 property? see page 225.
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21. Suppose a husband owns a classic automobile before marriage, then sells it during marriage and buys a diamond ring, is it community or separate property?
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22. Suppose wife uses $1000 of her separate property to purchase $10,000 in stocks after marriage. How much is she entitled to receive upon dissolution? how does FC 2640 affect the distribution? see page 226.
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23. What is "transmutation"? see page 226
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24. Are "oral transmutations" allowed under FC 852? see page 226.
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25. Does transmutation apply to gifts between spouses? see FC 852, page 227
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