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Under California law , provide a rebuttal to this argument that the Wife (wendy) is entitled to half the house: Property acquired during marriage is
Under California law , provide a rebuttal to this argument that the Wife (wendy) is entitled to half the house: Property acquired during marriage is presumed to be community property (CP). Property acquired before or after marriage is that recipient's spouse's separate property (SP) as well as is property acquired by one spouse during marriage by gift or inheritance. In California, a marriage ends when either one of the parties intends to permanently separate. Here, Wendy (W) solidified her intent to separate from Hoover (H) in December 2015 when she witnessed H's embrace with Mindy (M). At this moment, the marriage between W and H had ended for the purposes of California law. The following month, M gave a deed to H a deed to her mansion titled, "To Hoover and his wife, as my gift for Hoover's managing my estate." M clearly states her intent for the deed to be a gift as it is expressly stated on the face of the writing (i.e., deed). Since W's intent to separate occurred the month prior, H and M were no longer married per California law and therefore H's receipt of the deed would be his SP. Since W was no longer H's wife, she would not be able to enjoy the benefits of the "and his wife" portion of the deed. Therefore, the deed to M's mansion is H's SP. Ignoring the fact that the marriage was no longer, when a married couple take property with a deed that indicates their marital status, it is presumed that the property is CP. Here, the transfer was to "Hoover and
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