CA Bar Exam 練習答案: Community Property (Feb 2003)

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今回はFeb 2003のQ6, Community Propertyです。
またまたちょっと古いですが…（Bar Review Courseが選定している過去問なので…）、重要論点の確認＆練習にぴったりな問題です。

Feb 2003 Question 6
https://nwculaw.edu/pdf/bar/February%202003%20Essays%20and%20Sample%20Answers.pdf

Henry and Wanda married in 1980 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. Wanda gave birth to the couple’s only child, and Henry and Wanda agreed that Wanda would quit her job and remain home to care for the child. 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. Mortgage payments were subsequently paid from Henry’s earnings. The title to the State X house was in Henry’s name alone.

In 1990, 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.

In 1992, Wanda’s uncle died and left her an oil painting with an appraised value of $5,000 and a small cabin located on a lake in California. Wanda took the painting to the cabin and hung it over the fireplace.

In 1993, after reading a book entitled “How to Avoid Probate,” Henry persuaded Wanda to execute and record a deed conveying the lake cabin to “Henry and Wanda, as joint tenants with right of survivorship.” Wanda did so, believing that the only effect of the conveyance would be to avoid probate.

In 1995, after three years of study paid for out of Henry’s earnings, Wanda obtained a degree in podiatry and opened her own podiatry practice. 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 2002, Henry and Wanda separated and filed for dissolution of marriage. Wanda had the painting reappraised. The artist, now deceased, has become immensely popular, and the painting is now worth $50,000.

Upon dissolution, what are Henry’s and Wanda’s respective rights in:
1. The lake cabin? Discuss.
2. The painting? Discuss.
3. The State X house? Discuss.
4. Wanda’s professional education and podiatry practice? Discuss.
Answer according to California law.

答案