This course provides an in-depth exploration of community property law, focusing on how marital property rights and obligations are defined, acquired, managed, and divided during marriage, at divorce, or upon death. The course centers on California community property law, while also referencing other community property jurisdictions for comparative perspective.
Students will learn how community property rules govern the classification of property, business ownership, fiduciary duties between spouses, the treatment of separate and mixed assets, transmutation, reimbursement, and the disposition of property at dissolution or death. This course is essential for those planning to practice family law, estate planning, or property law, especially in community property states.
Course Objectives
By the end of this course, students will be able to:
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Understand and apply California community property principles to real-world marital property issues.
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Identify and classify separate vs. community property and analyze mixed character assets.
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Apply rebuttable presumptions and understand burden-shifting frameworks.
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Assess the legal validity and consequences of transmutation agreements, prenuptial agreements, and spousal fiduciary duties.
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Analyze the treatment of business interests, retirement plans, debts, and reimbursements during marriage and divorce.
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Evaluate community property issues at death, including intestate succession and estate administration.
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Recognize how domestic partnership laws, common law marriage, and non-marital cohabitation may implicate or avoid community property rights.
