CALIFORNIA FAMILY LAW
...Community Property Issues
......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.