Family Law - Chapter 4 - Property #2 Quiz
Family Law - Chapter 4
- Property #2 Quiz
1. a husband is in a horrible disfiguring auto accident while he is married, upon dissolution, his wife gets nothing from his personal injury settlement, correct?
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2. What does Family Law Code Section. 2603 provide in dividing up a personal injury awards?
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3. Suppose a spouse earns a bonus while married, but the bonus is not actually paid until after the parties separate, the bonus then becomes the separate property of that spouse, because when he/she is paid, they are living separate and apart, and thus it is the separate property of that spouse, based upon FC 771, correct?
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4. a spouse opens up a separate bank account before getting married, then uses money from that account to buy a lottery ticket, and wins millions of dollars in the lottery. are the lottery winnings community or separate property, why or why not?
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5. does a spouse have an absolute right to be awarded an equitable portion or share in the money equal to his or her share of the "value" of the education or license, for example a medical or law decree? What FC governs this situation?
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6. What does FC 2641 say about reimbursements for contributions? and what are the "keywords" the code uses to determine wheter FC 2641 applies or not?
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7. How many years constitute a "substantial benefit" under 2641, and why?
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8. If a spouse incurs student loans while obtaining his/her medical or law degree and license, these debts are part of the community liabilities, correct? explain. See FC 2641(b)(2) for the answer.
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9. What is "goodwill" of a business? and how do you calculate it's value? is goodwill community or separate property since it is "earned" by one partner and not the other.
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10. What was the court's rationale in the Brown case on page 238 in characterizing why pension rights were "not" mer expectancies
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11. Suppose a spouse is compensated with disability payments after marriage for injuries suffered during the marriage? Are those disability moneys separate or community property? why or why not? see page 240.
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12. What is the one page form, called "Request for Joinder" CRC form 1291.15, and how does it work? how does the court gain jurisdiction over the pension plan?
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13. What does FC 910 hold about premarital debts?
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14. Suppose Husband owes money to his first wife. Re-marries, and then decides to divorce his second wife. Is the Second Wife responsible to pay any of the husband's first debt to his first wife? What code section?
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15. How can a spouse protect his/her earnings from pre-marital debts of the other spouse?
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16. Suppose a husband owes a debt, and then that debt is assigned to the wife to pay after the dissolution. Then suppose the creditor goes against the husband to pay that debt. What can the husband do to recover his money from the spouse? what is he entitled to in his recovery?
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17. Suppose one spouse in involved in an assault and batter, and judgment is rendered against that spouse. is this a community debt? what is the standard applied by the code and courts? what about embezzlement, same or different results? see page 249
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18. Suppose one spouse becomes insane during a dissolution, can the other spouse transact business which will affect the community property of both? If so what requirements must be met under FC 1000? see page 251
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19. What is an "equalizing payment?" see page 253
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20. What are "assets in kind" - see page 255.
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