Wendy was an avid coin collector who hoped someday to turn her hobby into a profitable business. Wendy hung the drawing in their bedroom.
In , Wendy opened CoinCo, a shop specializing in rare coins. Wendy worked at the shop alone every day. Customers appreciated her enthusiasm about coin collecting and her ability to obtain special coins at reasonable prices. Over time, Wendy learned that she had acquired a number of highly valuable coins. There was also a renewed interest in coin collecting due to the discovery of several boxes of old coins found buried in the area.
In , Herb and Wendy separated, and Wendy filed for dissolution of marriage. In , before trial of the dissolution proceeding, Wendy was disabled by a serious illness and had to be hospitalized. Her hospital bill was not covered by health insurance. In the dissolution proceeding, Wendy claims that the prenuptial agreement is valid and Herb claims that it is not. Pearce, Esq. Herb and Wendy were California residents before and during their marriage. Accordingly, their rights and liabilities will be determined according to California community property law.
Prior to marriage, Herb and Wendy entered into a prenuptial agreement providing that each spouse's wages were to be his or her separate property. California enforces valid prenuptial agreements. To be valid, a prenuptial agreement must be in writing, or it must be fully executed.
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Consideration is not required. Technically, both parties should have independent counsel and a week to review the agreement if the agreement limits spousal support. We don't know whether or not these technicalities have been satisfied, but all we do know suggests that Herb freely entered into the agreement and likely has benefited from it. Herb's income as an accountant likely was larger than Wendy's income, though the facts are silent on this point. In the dissolution proceeding, Wendy claims that the prenuptial agreement is valid and Herb claims it is not. No facts are present to suggest that Herb was the victim of fraud or undue influence.
It is apparent that Herb's age and mental capacity were sufficient for him to enter into a contract. Furthermore, as a professional accountant, Herb had to understand the financial meaning of the prenuptial agreement he signed, probably at least as well or better than Wendy. There's nothing unconscionable about this agreement, nor could it be said to somehow encourage divorce. This money was Herb's separate property, since it was a gift to him, apart from Wendy.
Herb gave the drawing to Wendy for her birthday in , the year after they were married. Usually, when one spouse gives tangible personal property to the other spouse, that property is transmuted into the separate property of the recipient. Since , California community property law requires a writing in order to effect a transmutation of property with a significant value. It is possible that a birthday card could satisfy this writing requirement, but the facts are silent on the point.
In this case it is likely that Herb did not intend for the drawing to be Wendy's separate property, but rather that it become a community property asset. The court will compare the value of the drawing to the net worth of the marital estate. The greater the relative value of the drawing the more likely it will be judged community property. This fact supports the idea that Wendy and Herb intended to share this valuable asset. California community property law considers inheritance proceeds to be the separate property of the beneficiary. Ordinarily, a business started by a spouse during marriage is deemed to be a community asset.
In this case, although Herb is likely to lose his argument about the prenuptial agreement, it is probable that Coinco will be judged to be a community asset. She worked alone at the shop every day. Customers appreciated her enthusiasm and her ability to obtain special coins at reasonable prices. Clearly, Wendy's labor was a big part of the success of Coinco, although she did benefit from a renewed interest in coin collecting caused by a discovery of several boxes of buried coins.
As discussed above, the court is likely to uphold Herb and Wendy's prenuptial agreement.
We do not know how much Herb paid in household expenses during these years, but it is hard to imagine it was not at least as much as Wendy's contribution. No facts are present that suggest Wendy be reimbursed for these expenses, but the court could award this sum to her if equity would be served by doing so. For dissolution purposes, the value of Coinco will be fixed at the value at the time of separation, however the court can take into account the fall of the value of the asset at the time of trial if the equity would be served. It is worth noting that, although the facts surrounding Coinco suggest a Van Camp — Pereira analysis, these cases do not apply.
Wendy's work was not community labor being expended to enrich a separate property asset, because the prenuptial agreement turned her labor into her separate property. A reverse Van Camp — Pereira analysis also is not helpful, since Wendy's labor after separation did not increase the value of Coinco. In fact, the value of the business fell because of Wendy's hospitalization.
The court would consider Coinco to be a community asset.
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In the long run, there is no reason to think that the company will not be successful. It is likely Wendy would be awarded ownership of the business because she was the sole manager and employee. The court has broad discretion to divide the marital estate fairly, in light of the prenuptial agreement. Wendy was disabled by a serious illness and had to be hospitalized.
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Her illness occurred after she and Herb had separated but before trial of the dissolution proceeding. Generally speaking, contract obligations post-separation are the separate obligation of the contracting spouse. Wendy's hospitalization was not covered by health insurance. During marriage, each spouse has a responsibility to contribute to providing necessaries of life to the other spouse. Fortunately for Wendy, she and Herb did not cease to be a married couple for these purposes at the time of their separation. This means that Herb will be responsible for making up any shortfall, should Wendy's separate property be insufficient.
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We do not know the total amount of Wendy's hospital bill, but we do know Wendy will be primarily responsible for this debt. Should her separate property be insufficient, Herb will be liable for the the rest of the expense. Husband and Wife married in in California. Neither of them brought any significant assets to the marriage, and they were both employed.
Husband and Wife agreed that Husband should go to law school after they had saved up some money.
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Husband put his earnings in a savings account in his name alone. Wife deposited her earnings into a joint checking account in both of their names, which was used for their living expenses. Husband had a child support obligation from a previous marriage. Every month, Husband paid his child support by check from the joint checking account. Husband began law school in Wife continued to support the couple. Husband took out a student loan to pay his tuition. Husband graduated in and obtained his law degree. He passed the bar exam and got a position with a large law firm.
In Husband became a partner in the firm. Husband's partnership earnings were substantial. He paid off his student loan with these earnings. In , Husband and Wife filed for dissolution of marriage. Is the community entitled to reimbursement for a The child support? Does the community have an interest in c Husband's law degree? Answer according to California law. Is the Community entitled to reimbursement for the child support? Source B. Actions C. Is the Community entitled to reimbursement for the payments on the Student Loan?
Does the Community have an interest in Husband's law degree? Does the Community have an interest in the goodwill in Husband's law firm? In , Henry and Wilma, residents of California, married. Henry purchased shares of stock before marriage and kept these shares in his brokerage account. Henry deposited this income in a savings account in his name alone. In , Wilma was hired by Tech Co. Wilma was induced to work for Tech Co.
Later that year, Wilma was given options on 1, shares of Tech Co. These stock options are exercisable in , as long as Wilma is still working for Tech Co. In , because of marital difficulties, Wilma moved out of the home she had shared with Henry. Nevertheless, the couple continued to attend marriage counseling sessions that they had been attending for several months. Later that year, Henry was injured in an automobile accident. Afterwards, Henry and Wilma discontinued marriage counseling and filed for dissolution of marriage. Should the court require Henry to reimburse the community for his child support payments and, if so, in what amount?
In , Herb and Wendy married while domiciled in Montana, a non-community property state. Herb and Wendy, using savings from their salaries during their marriage, bought a residence, and took title to the residence as tenants in common. In , Herb and Wendy moved to California and became domiciled here. They did not sell their Montana house. In, Herb began having an affair with Ann. Herb told Ann that he intended to divorce Wendy and marry her Ann , and suggested that they live together until dissolution proceedings were concluded.
Ann agreed, and Herb moved in with her. Herb and Ann bought an automobile with a loan. They listed themselves as husband and wife on the loan application, and took title as husband and wife. Herb paid off the automobile loan out of his earnings. Wendy urged Herb to consult a marriage counselor with her, which he did, but Herb did not disclose his relationship with Ann. In , Wendy and Ann learned the facts set forth in the preceding paragraphs. The residence in Montana?
The automobile? Source: Herb and Wendy take title as tenants in common in Montana B. Actions: Herb and Wendy domicile their marriage in California C. Conclusion: split based on Quasi-Community Property principles. Actions: 1. Herb and Ann applied for the loan as husband and wife 2. Herb and Ann took title as husband and wife 3. Herb and Wendy were not permanently separated C. Conclusion: The automobile is the community property of Herb and Wendy.
Putative marriage between Ann and Herb 2. Source: Pre-marital obligation of Wendy B. Conclusion: Wendy has enough property to pay this obligation. Henry and Wanda married in when both were students at State X University. State X is a non- community property state. Shortly after the marriage, Henry graduated and obtained employment with a State X engineering firm. They bought a house in State X using their savings for the down payment and obtained a loan secured by a twenty-year mortgage for the balance of the purchase price.
In , Henry accepted a job offer from a California engineering firm. The couple moved to California with their child and rented out the State X house. Wanda took the painting to the cabin and hung it over the fireplace. Her practice became quite successful because of her enthusiasm, skill, and willingness to work long hours. Henry continued to work for the engineering firm. In , Henry and Wanda separated and filed for dissolution of marriage. Wanda had the painting reappraised. The lake cabin? The painting? The State X house?
The podiatry practice is community property. In , Hank and Wanda, both domiciled in Illinois, a non-community property state, began dating regularly. Hank, an attorney, told Wanda that Illinois permits common-law marriage. Hank knew this statement was false, but Wanda reasonably believed him. In , Wanda moved in with Hank and thought she was validly married to him.
Wanda deposited all her earnings in a savings account she opened and maintained in her name alone. In February , Hank and Wanda moved to California and became domiciled here. Shortly after their arrival in California, Wanda inherited an expensive sculpture. In March , a woman who claimed Hank was the father of her 6 year-old child filed a paternity suit against Hank in California. In January , Wanda discovered that she never has been validly married to Hank. Hank moved out of the apartment he shared with Wanda. Hank has not paid the attorney who defended him in the paternity case.
Hank paid the ordered child support for three months from his earnings but has paid nothing since. We invited college students nationwide to open their hearts and laptops and write an essay that tells the truth about what love is like for them today. I spent the first couple of minutes just trying to breathe properly. There was a lot of nervous smiling until, eventually, we settled in. I know the eyes are the windows to the soul or whatever, but the real crux of the moment was not just that I was really seeing someone, but that I was seeing someone really seeing me.
Once I embraced the terror of this realization and gave it time to subside, I arrived somewhere unexpected. I felt brave, and in a state of wonder. Part of that wonder was at my own vulnerability and part was the weird kind of wonder you get from saying a word over and over until it loses its meaning and becomes what it actually is: an assemblage of sounds. So it was with the eye, which is not a window to anything but rather a clump of very useful cells. The sentiment associated with the eye fell away and I was struck by its astounding biological reality: the spherical nature of the eyeball, the visible musculature of the iris and the smooth wet glass of the cornea.
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It was strange and exquisite. When the timer buzzed, I was surprised — and a little relieved. But I also felt a sense of loss. Already I was beginning to see our evening through the surreal and unreliable lens of retrospect. Most of us think about love as something that happens to us. We fall. We get crushed. But what I like about this study is how it assumes that love is an action. It assumes that what matters to my partner matters to me because we have at least three things in common, because we have close relationships with our mothers, and because he let me look at him.
I wondered what would come of our interaction. If nothing else, I thought it would make a good story. Science tells us biology matters; our pheromones and hormones do a lot of work behind the scenes. Well, we did. How manager handle the funding is critical with their value. For example at case the benefit of coal.
For model essays and hints, observe the hyperlink. Read more on the topic of the app. To receive free law school and bar exam information, and upgrades to the bar exam, and her latest blog distinguishing supplies for example, money saving deals! Thanks for offering a valuable study tool. Needless to say, now with internet shopping and banking, you are able to go on a spree from your house. Organisational structure denotes how tasks and obligations are. The budget system offers sustainability to business process in a organisation. The normal education environment is just starting to.
Uniting the entire world could possibly be cited as an good thing about space exploration. Swimming gives a complete body workout. Truly, sports really are an enjoyable activity however they supply several health and fitness benefits too.
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