Consuela Martinez and Amelia Chatsworth started dating in 2002, and they moved in together on February 1,
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In September 2010, they used their joint savings account to buy a condominium in Amelia's name. All the payments on the condo were made through Amelia's separate checking account, and Consuela paid through her separate checking account for the rest of the household expenses. This continued throughout their relationship.
On Labor Day in 2019, Amelia had a few too many glasses of wine, and she bought a Porsche Boxster for $60,000. When she came home, Consuela objected because they had also planned to adopt two children, and the car would hold only two people. They got into a big shouting match. The neighbor, Frank Stevens, came over in response to the noise. Amelia shouted at him to stay out of their business. He punched her in the nose and pushed her to the ground, then stomped away. Consuela left the condo on March 1, 2020, to stay with her mother because Amelia entered rehab. Amelia returned from rehab to the condo on June 27, 2020, while Consuela was away on a work trip.
On July 1, 2020, Amelia totaled the Porsche while she was driving drunk on Pacific Coast Highway. She was taken into custody, then released on bail. She owed $54,000 on the Porsche, which was only worth $45,000 before the crash. Its current salvage value was $20,000.
When Consuela had still not returned as of the end of September, Amelia filed for divorce on October 6, 2020.
Read the Case and answer the questions below:
When were they deemed married under California law? Be sure to explain your answer.
Is Consuela liable for the loan on the Porsche? Be sure to explain your answer.
Is the condominium community property? Be sure to explain your answer.
For purposes of the divorce, what is the date of separation? Be sure to explain your answer.
Related Book For
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill
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