Sample Essay on:
PROPERTY AND THE CALIFORNIA FAMILY CODE

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Essay / Research Paper Abstract

This 3-page paper discusses property and community rights laws as they pertain to the California Family Code.

Page Count:

3 pages (~225 words per page)

File: D0_MTcalfam.rtf

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Unformatted sample text from the term paper:

Although California is a "community property" state, not everything is necessarily divided 50-50 on dissolution of a marriage. In the first scenario, we consider the case of a man who purchased a house and owned it for 10 years before getting married. Upon his marriage, he deeded the house to himself and his wife as a wedding gift (the deed was recorded). The earnings of both were used to make mortgage payments, taxes and insurance. Then after 10 years, the partners separate. What, in this case, happens to the property? Who gets the equity on it - or is this simply divided 50-50 down the middle? If the husband ended up recording the wife on the deed, she, in a sense, owns the property as well. As California focuses on community property in this situation, this would mean, upon dissolution of the marriage, the couple would each get 50 percent of the property. However, with the man having owned his house for 10 years prior to the marriage (and, presumably using his own assets to pay for it), its likely that the calculation would take into account for the 10-year period before community property kicked in. In this way, the value would be calculated for the 10 years prior to the marriage during which the husband owned the property (which would be 100 percent), then after the marriage, when everything is split 50-50 down the middle. This is basically described in California Family Code section 751, which indicates that respective interests of both husband and wife in community property during a marriage are "present, existing and equal interests." Now, having said that, there is also information ...

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