Question

For a couple that is legally bound by the Community Property rules of California, when do Community Property rules cease to apply?

a. When one spouse moves out of the home for over 90 consecutive days.

b. When a domestic partnership is dissolved through filing a court action identical to an action for dissolution of marriage.

c. When either spouse independently decides that he or she no longer wants to be bound by the rules of community property.

d. All of the above are correct.

Answer 1

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For a couple that is legally bound by the Community Property rules of California, when do Community Property rules cease to apply?

Correct answer is-

b. When a domestic partnership is dissolved through filing a court action identical to an action for dissolution of marriage.

Reason- California and Washington hold that the community property estate is terminated when spouses physically separate and both spouses intend to permanently end the marriage. This mutual intent must be established through the actions and conduct of the spouses. This requires an examination of the facts and circumstances of each case, with the burden of proof on the party asserting that the community property estate was terminated.