chapter eight not on the midterm.
but yes on the final.

chapter eight
property law


held by one person
severalty


community property

avoids probate
goal for everyone should be to avoid probate
it is expensive
joint tenancy is one way to do that.

most of marilyn monroe's estate got eaten up in probate cost
10 million

heirs got 700,000

p in t tip
the same as equal right of possession
the same thing as tenants
in common
time and title
common law requirement
for estate planning reasons and estate planning
better if half of green acre
to you
a straw man
conveys back to you and me therefore satisfied t-tip

therefore then straw man keeps?
or when straw man has title
or the liens attach to greenacre


so CA passed a stat
that you don't need to satisfy all elements


joint tenancy
what does it mean
with right of survivorship
the aspect of rt of survivorship is
the tenant's heirs
 do not get the surviving joint tenants
the survivor takes all
teh ten joint tenants
get
whatever

the unfairness aspect

the courts presume its unfair
so cts will construe as ten in common

lawful to state with rts of survivorship
there were four joint tenants
in defeasible fee.
http://en.wikipedia.org/wiki/Concurrent_estate
the final point is that if the loan is foreclosed on the bank owns the greenacre with the tenant

partitioning
dividing proceeds among the tenants
tenancy by the entirety
joint btw husb and wife
was a part of the english common law
but we dont have bc of the community prop

we have comm prop with rt of survivorship.

dower and curtsey only 1/3

presumed equal
rebuttable presumption in CA
unless proven otherwise

valid marriage while domiciled in CA state.
quasi community property
btw husband and wife
might apply to gay marriage

by definition
will be treated as if
while domiciled within a community property state

any property acquired before is sep.
any after is community

but it is possible to get separate prop. after.

eg
a gift
if the spouse gets a gift after fm community funds has now been given to the spouse
better like the taste in gifts

it gets separate may be true
complicated
if for example
own title in name of thirty yr loan

if now have fifteen yrs loan payment and the deed was in name of spouse for fifteen yrs
is it sep?
no
half is yrs

but the fifteen yrs after is half mine
so salary is not
more likely 75/25
part comm prop


just bc claims sep prop.

then we move into another house
rent out
rent income
then the rent is also income in comm prop sense

source as to whether it is seperate

domestic partnerships assets treated
50/50 rebuttable presumption
marvin v. marvin
we do not have common law
registered domestic partnership

awarded her a sum considered palimony
but we really don't have common law marriage
earnings during the marriage
if legally separated
then earnings not comm prop

quasi marital

a putative spouse
one who in good faith believes married

asset check
claim to be single
must check every jurisdiction in the world
background check

premarital agreements.
http://en.wikipedia.org/wiki/Prenuptial_agreement 

duress
http://en.wikipedia.org/wiki/Standard_form_contract

wanted the trump divorce case to go to litigation
not a valid prenup
but donald gave her things he didnt have to give her

http://www.sos.ca.gov/dpregistry/
for domestic partnerships

used to be husband managed the property prior to 1975 ERA
now mus consult with spouse to confer about com prop

must be in writing
but an executed verbal agmt is okay for comm prop
major exception
can be converted

cannot give away spouse's assets