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Wendy's CommPpty Outline - WENDYS COMMUNITY PROPERTY...

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WENDY’S COMMUNITY PROPERTY OUTLINE PAGE 1 OF 5 1. Determine marital status Lawfully married → CP laws Not lawfully married Putative → QMP laws (treated as CP) Meretricious → CP laws don’t apply ( Marvin Action -- only provable contracts enforced, whether express, implied, oral, written, constructive trust, etc.) Registered Domestic Partners → treated as CP but no federal tax or social security benefits 2. Characterize each disputed asset Source: Time and manner of acquisition Presumptions: GCP / H&W / Jointly-held property / Married woman taking in own name Actions: Agreements / Commingling / CP$ → SP use / SP$ → CP use / CP labor → SP business 3. Resolution of disputes M&C → CP / QCP / SP Rights of creditors Rights of 3d party transferees - Donative transfers / Transfers for value: real property or personal property 4. Distribution on death or divorce Recapture (setting aside) Reimbursement Allocation of debts MARITAL STATUS LAWFULLY MARRIED V ALID if between a man and woman of legal age and of legal capacity NOT LAWFULLY MARRIED V OID through bigamy or incest V OIDABLE if: Underage (may be valid but set aside during minority; after 18yo, the ‘minor’ can have it set aside--until 22yo--unless freely cohabitating (now ‘adult’) Force (intimidation) unless spouse stays after force is removed, as that it ratification of marriage contract Fraud (ex: non-disclosure of felon status) Physical incapacity , but not if becoming ‘allergic’ to spouse and seeds of the allergy existed at start of marriage Prior existing marriage (ex: MIA and spouse remarries--the 2d marriage must be annulled, then 1st marriage may be dissolved or continued) P UTATIVE R ELATIONSHIP arises when one or both spouses has a good faith belief in the existence of a valid marriage, where “good faith” is tested subjectively but must be reasonable objectively. It ends when spouse learns of the invalidity Only an “innocent spouse” is a putative spouse Putative spouse usually makes out better than lawful spouse because more money was usually accumulated during the putative relationship Created By a defect preventing a lawful marriage D EFICIENCY In the marriage → QMP treated the same as CP In the divorce S ERIAL MONOGAMY where H marries/cohabits W1, leaves W1, then marries/cohabits W2 w/o divorcing W1 Usually: 1/2 QMP to putative spouse; 1/6 to lawful spouse; 2/6 to kids B LATANT BIGAMY Quasi-Marital Property property which would’ve been CP in a lawful marriage and is treated like CP except: O N D ISSOLUTION , either spouse may seek a division of the QMP, but only a putative spouse is entitled to spousal support Putative Spouse may be entitled to quasi-contract recovery ( quantum meruit ) for services if there is no QMP.
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