Gilbert Law Summaries on Community Property, 18th

By William A. Reppy, Jr.

ISBN-13: 9780314152206

Availability: In Stock

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Series: Gilbert Law Summaries

Brand: Gilbert Law Publishing

Pages: 266

Components: 1 Print

Shelf Space: 1 in.

Free Update Period: 90 days

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Description

The subjects discussed in this Community Property outline include classifying property as community or separate, management and control of property, liability for debts, and division of property at divorce. Also covered are devolution of property at death, relationships short of valid marriage, conflict of laws problems, and constitutional law issues (including equal protection standards, and due process issues).

Features

Exam-oriented approaches for different topic areas emphasize the issues most likely to be tested
Fine tune your understanding with real law school essay questions — all with explained answers
Reference includes detailed index, table of cases, and table of citations to Federal Rules of Civil Procedure
Test yourself with multiple choice, true/false questions, with answers referring back to the text — learn from mistakes
Text correlation chart helps match your reading assignment to relevant pages in the outline to cut search time
Timesaving study guide useful for class review and exam preparation
Written by prominent law school professors

Summary Of Contents

Community Property Text Correlation Chart
Community Property Capsule Summary
Approach To Exams
Introduction

Classifying Property As Community Or Separate
Chapter Approach
- CHART: Characterization of Property as Separate or Community
1. Basic Statutory Framework
2. Presumptions Respecting Ownership
3. Special Presumptions
4. Overcoming Pro-Community Presumption by Proof of Separate Ownership
5. Altering Statutory and Case Authority by Husband-Wife Agreement
6. Exceptions to Normal Classification Rules
- CHART: Characterization of Property That Is Difficult to Classify
Management and Control of Property
Chapter Approach
1. Separate Property
2. Community Personal Property
3. Community Real Property
4. Restrictions on Management Powers—Gifts of Property
5. Restrictions on Management Powers—Fiduciary Duty of a Spouse
6. Restrictions on Management Powers—Incompetency of One or Both Spouses
Liability for Debts
Chapter Approach
1. General Rule
2. Exceptions to General Rule
3. Special Rules for Tort Liability
4. Effect of Separation or Divorce on Liability for Debts
5. Alimony Pendente Lite and Lump Sum Alimony
Dissolution of the Community
Chapter Approach
1. Division of Property at Divorce
2. Devolution of Property at Death
3. Administration of Property and Creditors’ Claim at Death
Relationships Short of Valid Marriage
Chapter Approach
1. Putative Marriages
2. Coexisting Bigamous Marriages
3. No Putative Marriage (“Marvin” Relationships)
Conflict of Laws Problems
Chapter Approach
1. Selection of Applicable Law
2. Statutory Changes—Quasi-Community Property
Constitutional Law Issues
Chapter Approach
1. Scope of “Separate Property” Under California Constitution
2. Equal Protection Standards Under California Constitution
3. Due Process Issues Under California Constitution—Retroactivity of Changes in Community Property Law
4. Federal Preemption Under United States Constitution (Supremacy Clause)
- CHART: Characterization of Property with Federal Aspects