Quasi-Community Property
Community Property · Lesson 05
Quasi-Community Property
這一課問的是：在非 CP 州取得之財產，當前 CP 州居民如何處理？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. How does the law treat property acquired while domiciled in a non-CP state, when the spouses now live in a CP state?
這一課問的是：在非 CP 州取得之財產，當前 CP 州居民如何處理？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
quasi-community property
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Property acquired while domiciled in non-CP state that would have been CP if acquired in CP state.
準共同財產。
inception
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Determined at time of acquisition.
所有權發生時。
CP state
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Community property state.
CP 州。
separate property treatment
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Quasi-CP treated as SP during marriage; CP at divorce/death.
SP 對待。
divorce
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Quasi-CP divided like CP at divorce.
離婚分配。
death
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Surviving spouse gets half at death.
死亡。
Issue · what this lesson is really about
How does the law treat property acquired while domiciled in a non-CP state, when the spouses now live in a CP state?
這一課問的是：在非 CP 州取得之財產，當前 CP 州居民如何處理？
Trigger words & phrases that should flag this issue:
moved fromnon-community statequasiTexasIllinoisearned outside
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply quasi-CP | Quasi-CP is treated as CP at divorce/death but generally as SP during marriage. | 準 CP 於離婚/死亡視 CP；婚內視 SP。 |
| State purpose | Quasi-CP doctrine prevents spouses from disinheriting each other by moving to a CP state. | 防止配偶遷移以剝奪對方權益。 |
Rule Sentence · the workhorse
Property acquired while the spouses were domiciled in a non-community property state, which would have been characterized as community property had it been acquired while domiciled in a community property state, is quasi-community property; it is treated as community property at divorce and at death of the acquiring spouse.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人spouses moving to CP state遷移至 CP 州之配偶
Act 行為retaining property保有財產
Object 對象property acquired in non-CP state非 CP 州取得之財產
Standard 法律標準would-have-been-CP test若 CP 州則為 CP 測試
Consequence 後果treated as CP at divorce/death於離婚/死亡視 CP
Casebook Snapshot · a real American case
Addison v. Addison
Holding. California's quasi-community property statute applies to property acquired while spouses were domiciled in a non-community property state when one spouse seeks to enforce community property rights at divorce or death; the statute does not violate due process.
Why it matters. Addison upheld quasi-CP — prevents spouses from defeating each other's rights by interstate moves.
Addison：準 CP 不違反 DP，防止以遷州剝奪。
Common Mistakes · what trips students
✗ quasi-CP 永遠視為 CP。
✓ Treated as SP for management during marriage.
婚內視 SP 管理。
Mini IRAC · build the Application
Issue. Is property acquired by H in Texas during marriage, while H and W lived in Texas before moving to California, treated as community property at divorce?
Rule. Property acquired in a non-CP state that would have been CP if acquired in a CP state is quasi-community property, treated as CP at divorce.
Application (model). H acquired property in Texas (non-CP state) during marriage; the spouses later moved to California. Because quasi-CP treats property acquired in non-CP states as CP at divorce if it would have been CP had it been acquired in a CP state, the fact that H's Texas property was acquired during marriage by labor — which would be CP in California — means the property is quasi-community property.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the property is treated as community property and divided equally at divorce.
MBE Check · multiple choice
H and W lived in Texas during marriage. H earned $200,000 in Texas; W is a homemaker. They move to California and W files for divorce. How is the $200,000 treated?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: