MATRIMONIAL REGIMES

Matrimonial Regimes, including Partition of Community Property and Settlement of Claims Arising from Matrimonial Regimes

This section includes:

  • Classification of assets (and obligations): community or separate

  • Fruits of community v. fruits of separate

  • Fruits v. earnings

  • Other fruits

  • Classification: Inheritance

  • Classification: Donations

  • Property Damage

  • Personal Injury Award

  • Assets Acquired over Time

  • Social Security (and other Federal Law)

  • Classification: Acquisitions of community or separate

  • Estoppel

  • Presumption of Community

  • Rebutting presumption of community

  • Presumption: Succession

  • Presumption: Donation

  • Presumption: Acquisitions before and after regime

  • Partition of Existing Community

  • Reinvestment and/or comingling

  • Management of Community Property

  • Incurring Liabilities

  • Causes of Termination: divorce judgment, separate property judgment, declaration of death, matrimonial agreement

  • Effect of termination of community

  • Classification of obligations

  • Reimbursement: satisfying obligation, improving property

  • Accession

  • Sep Prop Improvements

  • Common Labor Improvements

  • Accounting

  • Extrajudicial Partition

  • Judicial Partition

  • Conflict of Laws

  • Taxes


 

MATRIMONIAL REGIMES

Matrimonial Regimes

CLASSIFICATION OF ASSETS (AND OBLIGATIONS): COMMUNITY OR SEPARATE

The focus is usually on the nature of the asset or obligation, time of acquisition or incurrence and the nature of the transaction.

MERGER ANALYSIS: SOME OLD HABITS DIE HARD

This is your File description. Concisely describe the content of your file and make sure to highlight your contact details for further questions and remarks.

 

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