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In California, provide a rebuttal to this argument that the Wife (wendy) is entitled to half the house: I. Hoover's Rights to Mindy's Beverly Hill's
In California, provide a rebuttal to this argument that the Wife (wendy) is entitled to half the house: I. Hoover's Rights to Mindy's Beverly Hill's Mansion Threshold Issue of Community Property To establish if there is an issue of community property one first needs to determine if the parties have a valid marriage and, affirmatively, the marital domicile of the couple. Here, we are told Hoover ("H") and Wendy ("W") were married on December 31, 2015. Absent any facts leading us to believe the marriage was not valid, we consider Hoover and Wendy to be validly married. The facts are silent on the marital domicile of Hoover and Wendy; however, the facts speak to Mindy leaving Hoover and his wife her estate in Beverley Hills and tell us Mindy is Hoover's ex-girlfriend and that he was familiar with her family. If we assume these facts, we can consider Hoover and Wendy's marital domicile to be California. As, California is a community property state, the laws of community property upon divorce (or death) will apply. In the event H and W marital domicile is not California, or another community property state, then the laws of that jurisdiction will apply. For our purposes in this present scenario, we shall consider H and W to be legally married, with a marital domicile of California, and the laws of community property to apply. Characterization When determining the character of an asset the courts will look to the source, action, and presumptions with respect to that asset. S
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