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COMMUNITY PROPERTY QUIZThe following rules are the most frequently tested in Community Property. Go through and fill in the blanks with the rule buzzwords that are missing. Challenge yourself to get them all before looking at the answer key. By the time you start doing your essays closed book, you should have all of these rules memorized in full sentences that you can write without thinking about it or reviewing beforehand. Note: There are many other rules in Community Property that are important (and commonly tested) and you must also memorize these, but it is important to work in priority order. You can use the Smart Bar Prep frequency analysis to help you determine which rules are tested the most often so you can prioritize what to memorize first. Community Property Presumption: Guiding Principle In California, all property ____________________ is community property, while property acquired ______________________________________ is separate property.Characterization of an asset depends on:1) ______________________________________;2) ______________________________________; and3) ______________________________________.Quasi-Community PropertyQuasi community property is _________________________________________. End of the Economic Community The economic community ends when: (a) ________________________________; or (b) ___________________________________.Equal Rights of Spouses to Manage Property & Transfers to Third-Parties Each spouse has equal rights to ______________________________ without the other spouse’s consent.Fiduciary Duties of Spouses Marriage is a confidential relationship which imposes a duty of __________________________. Neither spouse shall take any ________________________. Jointly Titled Property and Anti-Lucas Statute Under the Anti-Lucas Statute, jointly titled property acquired by a married couple (from 1987 to present) is _____________________________, but any separate property used for the purchase is _____________________________. At death, separate property used to acquire jointly titled property is ___________________________. Personal Injury Awards & Settlements Cause of Action Against Third-PartiesIf the cause of action arose during marriage, personal injury awards and settlements are _____________________.Cause of Action Against SpousePersonal injury awards/settlements against a tortfeasor spouse are always ____________________________________________.Separate Property Business (Van Camp and Pereira Tests) Pereira MethodWhen business growth is attributed mostly to the _________________________, the owning spouse receives the _______________________________________________, and the remaining value of the business is community property.Van Camp MethodWhen business growth is mostly due to the ______________________________, the community receives _______________________________________, reduced by any ____________________, and the remaining value of the business is ___________________________________________.Transmutations A transmutation is an ____________________________________________________. Property Creditors May Reach to Satisfy Debts Generally, creditors may reach __________________________________, including debts for child and spousal support. Generally, a person’s separate property can only be reached to satisfy ___________________________________, including debts incurred after marriage. ................
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