Chapter 4 - Property - End of Chapter Questions

1. Describe and discuss the four-step method of approaching a community property question.

2. List at least three different categories of property and list at least two specific items of property for each category.

3. What is the difference between community and separate property? Be specific and give examples of each.

4. What is meant by the phrase "transmutation of property" and how is it used in a family law context?

5. In a dissolution action, the most important dates (or "times") are the date of marriage, the date of separation, and the date of trial? Why?

6. List a least five different examples of things that constitute "earnings".

7. Is the community ever entitled to reimbursement for contributions made by it to one of the spouses education? If so, is there a terminating point of the right? What is a rationale behind these rules?

8. In the context of the value of a business, what is meant by the term "goodwill" and how is that term used in family law matters?

9. Under what circumstances is it appropriate to request an alternate valuation date?

10. How are debts divided in a marital termination proceeding? Under what circumstance will the separate property of the non debtor spouse be liable for debts incurred by the debtor spouse?

11. Discuss the statutory preference of the allocation of debts between spouses upon termination of the marriage.

12. Explain the Pereira and Van Camp Rules. What are they and how are they used?

13. What is meant by the terms "tracing", "commingling", and "apportionment"? How are they used in a family law context?

14. Compare and contrast the concepts of reimbursement set out in the Epstein and Watts cases.

15. Compare and contrast the terms "quasi community property" and "quasi-marital property".

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