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Timeline Topics
Theories of Community Property
Definition of Community Property
Quasi-Community Property
Statutory Exclusions
Gift, Bequest, Devise
General Presumptions
Standard of Proof
Ways to Rebut the General Presumptions
Rebutting the Presumption in Commingling Cases
Transmutation
Personal Property Exceptions to Transmutation Requirements
Substantial Gifts
Undercutting the General Presumption
The Close of a Long Marriage invokes Presumption
Tracing
Indirect Tracing may be too weak to rebut the Presumption
Preponderance of the Evidence Standard
Settlement Payments
Onerous Title
Property Acquired while living Separate and Apart from the Other Spouse
Living Separate & Apart: Objective Standard
Living Separate & Apart: Subjective Standard
Date-Of-Separation Test
Married Woman’s Property Acquisition Statute
Low Threshold to Rebut the Married Woman’s Separate Property Presumption
Property conveyed by Third Party with Knowledge and Consent of Husband is Presumed Separate Property
High Threshold to Rebut the Married Woman’s Separate Property Presumption
Rebutting the Married Woman's Separate Property Presumption by Acquiring Title as "Husband and Wife"
Abolishment of the Married Woman's Separate Property Presumption
Evolution of Form of Title/Joint Tenancy Presumption
Lovetro Standard (1965)
Single Family Residence (1965)
Anti-Lucas Statutes (1984)
Anti-Lucas Retroactivity
Form of Title Presumption at DEATH
Overlap btwn Divorce Proceedings and Death
Property Acquired during Marriage Terminated by Dissolution more than Four Years Prior to Death
Community Property with Right of Survivorship
Premarital Agreement
Premarital Agreement: Voluntary Requirements
Premarital Agreement: Disclosure Requirements
Putative Spouse
Quasi-Marital Property (Divorce Only)
Putative Spouse at DEATH
Putative Spouse AND Legal Spouse
Domestic Partnership Act
Putative Register Domestic Partner
Cohabitants
Intangible Property
Reimbursement for Education/Training
Non-Student Reimbursement vs. Spousal Support
Professional Practice
Whole Life Insurance
Term Life Insurance
Evolution of Term Life Insurance Policy
Employer Offered Group Term Life Insurance
Quasi-Community Property at DEATH
Division of Real Property Outside CA
Commingled Funds
Commingled Funds: Direct Tracing
Commingled Funds: Indirect Tracing
Business Profits
Business Profits Approach
Pereira Formula
Van Camp Formula
Reverse Pereira Apportionment
Presumed Reimbursement for Contribution of Separate Property
Community Contributions to Improvement of Separate Property Asset
Separate Contributions to Improvement of Separate Property
