CALIFORNIA FAMILY LAW
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Community Property Issues
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Characterization
.........Inception of Right-Date Earned
6 Cards On This Topic:
Inception of right theory.
Qui tam action H filed before separation is contingent future interest and divisible community property.
Property to which one spouse has acquired an equitable right before marriage is s/p, though such right is not perfected until after marriage.
Inception of right theory inapposite where there is affirmative act specifying a form of ownership in a conveyance of title during marriage.
Accounts receivable earned prior to marriage were s/p, even though collected during marriage; character determined by time of acquisition.
Employment rights & benefits may be partially c/p even though received after separation.