Family Court: Characterizing Property
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TABLE OF CONTENTS

Foreword

I. Definitions

§1.01 Characterization of Property
§1.02 Community Property
§1.03 Community Property With Right of Survivorship
§1.04 Separate Property
§1.05 Quasi-Community Property
§1.06 Review Questions

II. Presumptions From Title

§2.01 Presumption From Form of Title
§2.02 Conflicting Presumptions
§2.03 Presumption for Property Acquired in Joint Form During Marriage
§2.04 Presumption for Joint Bank Accounts
§2.05 Bank Account Described as Community Property
§2.06 Property Acquired by Married Woman Before 1975
§2.07 Review Questions

III. Time of Acquisition

§3.01 Property Acquired Before or During Marriage
§3.02 Earnings While Living Separate and Apart
§3.03 Living Separate and Apart Defined
§3.04 Property Acquired by Gift or Bequest During Marriage
§3.05 Review Questions

IV. Method of Acquisition

§4.01 Rents, Issues, and Profits
§4.02 Income Resulting From Spouse's Community Efforts
§4.03 Allocating Earnings and Profits
§4.04 Postseparation Efforts
§4.05 Property Acquired on Credit
§4.06 Commingled Funds
§4.07 Direct Tracing
§4.08 Tracing Through Family Expenses
§4.09 Community Payments on Separate Property—Moore/Marsden Rule
§4.10 Applying the Moore/Marsden Rule
§4.11 Community Refinance of Separate Property
§4.12 Community Improvement of Separate Property
§4.13 Personal Injury Damages
§4.14 Life Insurance Generally
§4.15 Term Insurance
§4.16 Review Questions

V. Employment Benefits

§5.01 In General
§5.02 Professional Education
§5.03 Stock Options
§5.04 Options for Past Services
§5.05 Options for Future Services
§5.06 Accrued Vacation
§5.07 Pension Rights
§5.08 Early Retirement
§5.09 Military Retirement Pay
§5.10 Continuing Medical Insurance
§5.11 Employer Disability Benefits
§5.12 Private Disability Benefits
§5.13 Severance Pay
§5.14 Workers' Compensation Benefits
§5.15 Social Security
§5.16 Review Questions

VI. Transmutation by Premarital Agreement

§6.01 Right to Enter Premarital Agreement
§6.02 Writing Requirement and Effective Date
§6.03 Items Subject to Agreement
§6.04 Agreement Executed Voluntarily
§6.05 Agreement Not Unconscionable
§6.06 Review Questions

VII. Transmutation by Postnuptial Agreement

§7.01 Right to Transfer Property
§7.02 Writing Requirement
§7.03 Gifts of Personal Nature
§7.04 No Effect on Commingled Property
§7.05 Notice to Third Parties
§7.06 General Fiduciary Duty of Spouses
§7.07 Fiduciary Duty Regarding Interspousal Transactions
§7.08 Presumption of Undue Influence
§7.09 Review Questions

Resource Materials

Presumptions From Title

Moore/Marsden Example: Community Payments on Separate Property

Moore/Marsden Example: Community Refinance of Separate Property

Moore/Marsden Example: Community Improvement of Separate Property

Publications

Web Links

Glossary for Characterizing and Dividing Property

   

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