MBE Rules · Community Property
Quasi-Community Property
Cal. Fam. Code § 125
The rule
Property acquired by a spouse while domiciled outside California that would have been community property had it been acquired while domiciled in California is quasi-community property. At death or divorce, QCP is treated as community property for division purposes.
In plain English
Quasi-community property refers to assets that a spouse acquires while living outside of California, but which would be considered community property if they had been acquired while living in California. This type of property is treated like community property when the couple divorces or one spouse dies, meaning it will be divided equally.
Worked example
A husband and wife lived in Texas and bought a house together. If they move to California and later divorce, that house would be considered quasi-community property since it would have been community property if acquired in California. As a result, the house will be divided equally between them in the divorce.
Memory hook
QCP: Property from afar, split like it's near!
The trap
Exams may present scenarios where students must determine whether property is quasi-community or separate, leading to confusion about the location of acquisition and its implications. Watch for misleading details about the timing and place of property acquisition.
How examiners test it
Questions often involve fact patterns where property is acquired outside California, prompting candidates to identify its status as quasi-community property and how it would be treated in a divorce or death scenario.
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More Community Property rules
- Interspousal Fiduciary Duty · Cal. Fam. Code § 721; § 1100(e)
- Management and Control of CP · Cal. Fam. Code § 1100(a)-(d)
- Equal Division at Dissolution · Cal. Fam. Code § 2550
- Putative Spouse Doctrine · Cal. Fam. Code § 2251
- Business Goodwill · Marriage of Foster (goodwill)
- Severance Pay · Severance pay (Cal.)