Community property spring 2008

Community property spring 2008 - 1 Community property...

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Community property spring 2008 Six issues in divorce cases in CA. 1) Child custody. 2) Child support 3) Spousal support 4) Division of assets 5) Assignment of debts. 6) Attorney’s fees. We only need to know 4 and 5 and is tested on the bar. 1) date of marriage 2) date of separation 3) trial date. Family code 760- All property real or personal wherever situated, acquired by a married person during the marriage while domiciled in this state is community property. (the presumption shifts the burden of proof. The opposing side must now rebut it by tracing it to another source. 770- (a) separate property of a married person includes all of the following: 1. All property owned by the person before marriage. 2. All property acquired by the person after marriage by gift, bequest(inheritance), devise or descent. 3. The rents, issues, and profits of the property described in the section. (b) A married person may, without their consent of the person’s spouse, convey the person’s separate property.
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