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Valuing Community Property Businesses: The Good, The Bad, And The Ugly Of Louisiana Law, Sally Brown Richardson

Louisiana Law Review

The article discusses the law in Louisiana on the valuation of community property businesses in divorce proceedings and other topics like fair market value and the ruling by the Louisiana Second Circuit of Appeal in the 2003 case Ellington v. Ellington.

Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman

Pace Law Review

The primary thrust of this Article is to address the post-divorce liability issue outlined in Part III from the perspective of debtor-creditor law. The rules adopted in most of the community property jurisdictions with respect to this issue appear to be primarily focused on the perspective of marital property and family law without regard to general debtor-creditor law principles and policies. For example, basic fraudulent transfer law has been ignored in those jurisdictions and not applied in the usual manner. As a result, the rules developed in those jurisdictions with regard to the post-divorce liability issue are not consistent with …

For Richer, Not Poorer: Premarital Waivers Of Spousal Support In California, J. Nicholas Marfori

Loyola of Los Angeles Law Review

California law is fairly straightforward with respect to premarital agreements that seek to alter community property rights in the event of a divorce. But it is unclear and unsettled with respect to those agreements that seek to limit or waive spousal support. Although California prohibits courts from enforcing premarital waivers of spousal support if it would be unconscionable to do so at the time of enforcements, courts have not articulated a clear standard for what that means. California made its first attempt to do so in In re Marriage of Facter. This Article considers that decision in illustrating how current …

The Property Rights Of Spouses Cohabiting Without Marriage In Israel - A Comparative Commentary, Menashe Shava

Georgia Journal of International & Comparative Law

No abstract provided.

Why New Hampshire Should Permit Married Couples To Choose Community Property, Calvin Massey

The University of New Hampshire Law Review

[Excerpt] “Two states, Alaska and Tennessee, offer married couples the choice of holding their property as separate or community property. Another nine states use community property as the default arrangement. Yet in each of those nine states a couple can opt out of community property rules by agreement. Only in the remaining thirty-nine states are married couples forced to accept separate property. There is no good reason for this condition to exist. This essay sets forth the advantages of offering married couples the choice of community or separate property and deals with some expected objections to this proposal. Section I …

Prospective Changes In California Community Property Law, Pamela Hemminger

Pepperdine Law Review

No abstract provided.

In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover

Pepperdine Law Review

No abstract provided.

The Impact Of The Equal Rights Amendment On Married Women's Financial Individual Rights , Anne K. Bingaman

Pepperdine Law Review

No abstract provided.

In Re Marriage Of Brown: Every Family Lawyer Knows What It's Done--Do You Know What It Can Do?, Gordon Hartstein

Pepperdine Law Review

No abstract provided.

In A Divorce Or Dissolution Who Gets The Pension Rights: Domestic Relations Law And Retirement Plans , Henry Alan Pattiz

Pepperdine Law Review

No abstract provided.

Marvin V. Marvin: The Scope Of Equity With Respect To Non-Marital Relationships, John F. Dellagrotta

Pepperdine Law Review

No abstract provided.

Can Wrongful Death Damages Recovered By A Married Person Be Separate Property Under California Law? , William A. Reppy Jr.

Pepperdine Law Review

No abstract provided.

Saving Seaborn: Ownership Not Marriage As The Basis Of Family Taxation, Dennis J. Ventry Jr

Indiana Law Journal

One of the most famous Supreme Court tax cases celebrated its eightieth birthday last year. In Poe v. Seaborn, the Court reified two principles of the federal income tax: ownership determines tax liability and state law determines ownership. This Article affirms that family taxation continues to follow ownership, not marriage, despite the federal government’s position that the “ownership equals taxability” rule applies almost exclusively to heterosexual spouses. Verifying the vitality of this principle carries significant implications for all families, particularly nontraditional families. Under the aegis of Seaborn, the principle authorizes certain members of state-recognized relationships—marriages, domestic partnerships, civil unions—to file …

Plural Marriage And Community Property Law, Diane J. Klein

Golden Gate University Law Review

Plural marriage makes strange bedfellows. Fundamentalist Mormons, polyamorous/ polyfidelitous sex radicals, and some feminists and proponents of same-sex marriage (including this author), share the view that freedom of intimate association under the United States Constitution, properly understood, must extend beyond the right to marry exactly one person of the opposite gender from oneself. But while it is one thing to endorse marriage freedom, as a matter of principle, it is quite another actually to implement it in law. If people could simultaneously have more than one spouse, the lawyer must ask, how would things actually work, from a marital property …

Community Property And Family Law: The Family Law Act Of 1969, Aidan R. Gough

Cal Law Trends and Developments

The year 1969 marked the decade's principal accomplishment in family law, the passage of the Family Law Act. The last several years have seen a sharply rising discontent with our traditional procedures for handling the dissolution of marriages, and numerous reform proposals have been advanced both in this country and abroad.

The Family Law Act brings some of these proposals to fruition; it marks the first legislative eradication of marital fault as the governing principle of divorce in any American jurisdiction. Because the passage of the new law virtually eclipses the past year's decisional developments in family law and community …

Half A Loaf Is Better Than None: Sullivan Revisited, Bruce H. Rhodes

Golden Gate University Law Review

Janet and Mark Sullivan married in September of 1967. Mark entered medical school the following year while Janet completed her undergraduate studies. For the next nine years of their ten year marriage, Mark attended medical school for four years, then completed his internship and his residency for five years. Janet provided support by working full time, and then part time when they moved to Oregon in 1972 for the benefit of Mark's career. She continued to work part time after their daughter was born in 1974. Janet and Mark separated in 1977 or 1978, then Mark set up his practice …

A Continuing Controversy: Assessing The Still Uncertain Status Of The Meretricious Spouse In California, Suzanne J. Chapot

Golden Gate University Law Review

No abstract provided.

The Community Property Law In Washington (Revised 1985), Harry M. Cross

Washington Law Review

The author has twice previously summarized the community property law of Washington. In the eleven years since the most recent effort there have been enough changes to warrant a repetition of the task. Much of the discussion in the 1974 article is still appropriate, needing only reference to any later cases; accordingly, some parts of this article will essentially be an updated and revised version of the earlier article. There are also areas, however, in which the more recent cases prompt a new, more extensive, or modified analysis. The article undertakes that new analysis as well as incorporating the appropriately …

Community Property—Characterization Of The Inflationary Increase In The Value Of Separate Property Improved By Community Funds—In Re Marriage Of Elam, 97 Wn. 2d 811, 650 P.2d 213 (1982), Elizabeth Lacalli Wallin

Washington Law Review

The Washington Supreme Court held that: (1) the increase in value of separate property is presumptively separate, unless the community claimant rebuts the presumption by direct and positive proof that community contributions caused the increase, and (2) the community is entitled to a share of the inflationary increase in the value of the separate property proportionate to the community contributions.

The Arkansas Marital Property Statute And The Arkansas Appellate Courts: Tiptoeing Together Through The Tulips, Ora Fred Harris Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Community Property Law In The United States, By W.S. Mcclanahan (1982) And Community Property In The United States, By William A. Reppy, Jr. And Cynthia A. Samuel (1982), Harry M. Cross

Washington Law Review

These two books with almost identical titles serve similar purposes for two different audiences—the McClanahan treatise for the practicing lawyer, the Reppy and Samuel casebook for the law student (and professor). Both books present the current community property law of the several American states, and in both the coverage of the principles of community property law as that law has developed in the United States will facilitate comparative analysis. This coverage may also minimize the apparent provincialism of decisions in the several states, at least for those problems not already resolved and therefore constrained by stare decisis.

Limitations On Creditors' Rights To Require Spouses' Signatures Under The Ecoa And Washington Community Property Law, Todd M. Johnson

Seattle University Law Review

This article examines the federal regulations' interaction with Washington community property law to determine when a creditor can require the signature of a Washington applicant's spouse on either a loan instrument or security agreement in five common situations: (1) a married applicant's request for credit secured by community property, (2) a married applicant's request for credit secured by separate property, (3) a married applicant's request for general unsecured credit, (4) a married applicant's request for unsecured credit in specific reliance upon his or her income flow, and (5) a married applicant's request for unsecured credit in specific reliance upon the …

The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter

St. Mary's Law Journal

The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …

Property—Community Property And Joint Tenancy: Creating Surviorship Rights In Washington—In Re Estate Of Olson, 87 Wn. 2d 855, 577 P.2d 302 (1976), Bruce Lamka

Washington Law Review

This note presents two analyses of the Olson decision. Under the first analysis, the amended Initiative is interpreted to require a writing executed by the marital community in order to convert property from community to joint tenancy ownership. It is argued that this interpretation is unreasonable and will produce an unsatisfactory result in some cases. The second analysis is based on community property law: both spouses must participate in the change of ownership because the property rights of both are affected. This reasoning better supports the Olson decision. It was incompletely developed in the opinion, however, because the court did …

Community Property Marital Settlements: The Problem And A Proposal, Roland L. Hjorth

Washington Law Review

This article is an attempt to deal with the "larger whole" of community property divisions. It concludes with a proposal that, inasmuch as marriages in community property states are similar to partnerships, the dissolution of marriages should be treated for tax purposes in a manner similar to the dissolution of partnerships.

The Transmission Of Wealth At Death In A Community Property Jurisdiction, John R. Price

Washington Law Review

This article reports the results of an empirical study of the distribution, disposition and taxation of wealth at death in a community property state—Washington. The study was undertaken in order to extend the existing data base regarding the transmission of property at death to two new areas: (1) the community property states; and (2) transfers by way of probate avoidance devices. The existing data base is derived primarily from three relatively recent studies of the transmission of wealth at death through the estate administration process in common law property states. They provided answers to a host of very important and …

Equality For Spouses In Washington Community Property Law—1972 Statutory Changes, Harry M. Cross

Washington Law Review

In 1972, the Washington Legislature amended Washington's community property laws, granting the wife management powers equal to those of her spouse. Professor Cross examines the impact of the amendments upon existing Washington law, emphasizing expected practical difficulties in community business transactions and transactions involving household goods.

Communty Property—Antenuptial Debts—Eliminating Immunity Of Earnings And Accumulations Of Debtor Spouse.—Rcw 26.16.200, As Amended By Ch. 121, Laws Of 1969, 1st Extraordinary Session, Anon

Washington Law Review

Washington case law has made some inroads into the insulation of community assets, based on policy considerations favoring alimony. In Fisch v. Marler, the husband's remarriage did not prevent his first wife from garnishing his salary to satisfy alimony obligations. In Stafford v. Stafford, however, the policy considerations were not sufficiently strong to allow the first wife to attach community real property acquired during the second marriage of the husband. Federal tax law has also diluted the immunity." The most recent and significant abrogation, however, is statutory. During the 1969 Extraordinary Session, the Washington Legislature rendered the community less inviolate …

Widow's Succession In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Michigan Law Review

Michigan Law Review

While residing with his wife in California, decedent purchased stock, which under California law became community property. The couple later moved to Ohio, a common-law property state, where decedent died. An Ohio probate court approved the executor's determination that the widow's one-half interest in the stock was not subject to the Ohio succession tax. On appeal by the state tax commissioner to the Ohio Supreme Court, held, reversed, three judges dissenting. A wife's succession to her husband's right to manage and control her half of the community property is subject to the Ohio succession tax on joint and survivorship …

Joint Tenancy And Community Property, Yale B. Griffith

Washington Law Review

The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …