Download California Marital Property Law Exam: Law 281.2 and more Exams Property Law in PDF only on Docsity! UNIVERSITY OF CALIFORNIA COURSE EXAMINATION SCHOOL OF LAW Fall 2002 LAW 281.2: CALIFORNIA MARITAL PROPERTY INSTRUCTOR: HERMA HILL KAY TIME ALLOWED: 22 HOURS CLOSED BOOKS EXAMINATION NUMBERS: Please be sure to put your correct Fall exam number on each page of the exam (if typed) or on each blue book. COMPLETION: DO NOT CONTINUE WRITING AFTER TIME HAS BEEN CALLED. Please do NOT leave your bluebook or typed answers on the desk. Exams MUST be turned in to the person in charge. If you finish early, you must turn your exam in to the Registrar=s Office in Room 270 Simon Hall. There are no space limits. I. 40 % CREDIT On October 7, 2001, San Francisco Giants slugger Barry Bonds hit his record-setting 73rd home run in a single season. Since that time, two baseball fans have been in litigation over which one of them is the owner of the baseball. The plaintiff (Mr. P) got his glove on the ball first, but after a scuffle involving several people, the defendant (Mr. D) came up with the ball. Assume that in December 2002 the trial court awarded the ball to P and that D is appealing. ANSWER THE FOLLOWING QUESTIONS AND DISCUSS FULLY: Page 1 of 5 Assume that both P and D were married at the time they attended the baseball game in San Francisco on October 7, 2001, and that both are still married. Each couple has always lived in San Francisco. 1. How and why would you characterize the baseball? 2. Assume that a third baseball fan (Mr. TP) was injured during the scuffle te is 3. Assume that Mrs. P wants Mr. P to sell the ball (which is valued at $1,00 4. Assume that Mrs. P files an action for dissolution of the marriage. She a of 5. Assume that the P=s marriage is ended, not by dissolution, but by Mr. P 6. Assume that Mrs. D continually urged Mr. D to settle the case, so that th lost at to secure the ball. He brought suit against D and recovered a judgment against him for $100,000. Assume that the Ds have adequa community property to cover the judgment debt and that D also has sufficient separate property to cover the debt. Which type of property primarily liable for the debt? 0,000). Mr. P refuses to sell the ball. He wants to keep it as part of his extensive collection of SF Giants= baseball memorabilia, much of which was acquired prior to the marriage. What recourse, if any, does Mrs. P have to force the sale of the ball? lleges that the ball is community property and requests that it be divided equally between the parties. Mr. P does not contest his wife=s characterization of the ball, but urges that it be awarded to him because its sentimental value to him resulting from his life-long loyalty as a Giants fan. He urges that the trial court award Mrs. P an off-setting share of the community property, or that he be permitted to buy her out. How and why should the judge dispose of the ball? =s death. In his will, he left all his community property to Mrs. P. He characterized the ball as his separate property and left it to the Baseball Hall of Fame. His will contains a clause revoking his gift to Mrs. P of his one-half interest in the community property if she contests the will. What are Mrs. P=s rights? ey would at least realize some money from the ball and stop incurring attorney=s fees. Mr. D refused to settle. Now that he has Page 2 of 5
