CA Bar 過去問分析 Feb 2021 Q3 (Community Property)

CA Barの過去問を解いて答案を公開しています！
IRAC (CRAC)の形式を忠実に守って、概ね1000 words 前後の「1時間以内に書ける」答案を目指しています。

問題文

Prior to her 1990 marriage to Hal in California, Wendy helped operate an antiques and rare book business owned by her father.

During the marriage, Wendy continued to work with her father in operating the business. Over the years, Wendy and her father jointly operated the business and in 1995, they signed an agreement whereby Wendy became the owner of a 1/2 interest in the business. Wendy had developed an exceptional talent for buying antiques and took over that part of the business in 1995. The business doubled in value from 1995 to 2000. In late 1999, Wendy’s father died and by his will left his interest in the business to Wendy, including all of the business’s real property and inventory.

Wendy and Hal separated early in 2014. They have lived separate and apart since then and are now involved in divorce proceedings.

How should the court allocate the value of the business between Hal and Wendy? Discuss.

Answer according to California law.

Q3 Community Property 2021Feb Q and Selected As.pdf

159033 Bytes

ファイルダウンロードについて

ダウンロード

答案