CA Bar Exam 練習答案: Community Property (July 2007)

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問題文

July 2007 Question 6
https://nwculaw.edu/pdf/bar/July%202007%20Essays%20and%20Sample%20Answers.pdf

Husband and Wife married in 1997 in California. Neither of them brought any significant assets to the marriage, and they were both employed. Husband and Wife agreed that Husband should go to law school after they had saved up some money. Husband put his earnings in a savings account in his name alone. Wife deposited her earnings into a joint checking account in both of their names, which was used for their living expenses. Husband had a child support obligation from a previous marriage. Every month, Husband paid his child support by check from the joint checking account.

Husband began law school in 1998. Wife continued to work to support the couple. Husband took out a student loan to pay his tuition. Husband graduated in 2001 and obtained his law degree. He passed the bar exam and got a position with a large law firm.

In 2004 Husband became a partner in the firm. Husband’s partnership earnings were substantial. He paid off his student loan using these earnings. Although the actual value of Husband’s share of the firm’s goodwill was substantially greater, the partnership agreement provided that its value was $3,000 for purposes of valuation as marital property in the event of a dissolution of a partner’s marriage.

In 2006, Husband and Wife filed for dissolution of marriage.
1. Is the community entitled to reimbursement for
(a) The child support? Discuss.
(b) The payments on the student loan? Discuss.
2. Does the community have an interest in
(c) Husband’s law degree? Discuss.
(d) The goodwill in Husband’s law firm and, if so, is the community bound by the firm’s valuation? Discuss.
Answer according to California law.

答案