California Community Property : Examples and Explanations

[This book] features several major California Supreme Court cases that deal with the following issues: the characterization of property placed in one spouse’s name, the characterization of enhanced pension benefits, the definition of 'living separate and apart,' and the status of a putative spouse. More extensive interpretation of the 2002 Amendments to the Premarital Agreement Act considers the 7-day requirement when represented by independent counsel and the retroactivity of the spousal support waiver provisions. Additional material on the fiduciary duty spouses owe to each other regarding community property covers the extent of the duty to disclose financial transactions to the other spouse.*

Contents

• Preface

• Introduction

• The community chameleon : how property can be changed by agreement

• Evidentiary presumptions

• Let me call it mine, yours, or ours : the role of title in characterization of property

• The tangible and the intangible : classification of specific types of property

• Who has the power? : management and control of community property

• What if we have debts? : creditors' rights and the community

• How do I leave thee? : division at divorce

• Until death do us part? : division at death

• Quasi-community property

• Putative or partners : problems that arise when couples are not married

• Domestic partnerships.