Classification
Azula is married to Tye Lee. Azula does not make any money at her job at the cabbage patch, however, she is allowed to take as many cabbages as she wants as payment.
Are the cabbages community or separate.
Community- in kind counts
Aang and Katara are married. Before the marraige, Katara bough a giant koi fish on credit for 10k Pauls. When Aang and Katara got married, she still owed 6k Pauls on the koi fish.
Classify this credit sale.
Separate, before the marraige
T/F- Community oblgiations matter when you are talking about management of property between the spouses
False
TWO PARTER
What are the Two Methods of Partition
What are the two THINGS we are Partitioning
Extra judicial and judicial
Assets and Liabilities
There are seven kinds of reimbursement, name them
Asset to Obligation
Asset to Asset
Uncompensated labor
Roku and Kyoshi are married. Roku has a very large trust that he had before the marriage pulls off of to make ends meet whenever the two need it. The Trust also has a guaranteed rate of 2% interest gained every year. Which parts of the trust are community and which are separate?
anything pulled out is community, anything stays in is separate
TL James Sims formula
Community Earnings/Total Earnings x ½ x benefit= Percent of Pension that is community
Toph and Ozai are married, happily. Ozai has a private aircraft that is only registered in his name and he uses from time to time to smite rebelions.
One day when Ozai goes off a little crazier than usual (Sozin's comet) Toph gets angry with him. In a heat of frustration, she goes and sells his aircraft to Monk Gyatso.
Result?
This is under Ozai's exclusive right to manage so no.
Zuko and Mae have just gotten a divorce. As normal in Louisiana they want to partition their property. They want to come together as adults and agree to this. The Total value of the Partition is 1000 gold.
When they partition, Zuko ends up getting the Fire Nation Castle (worth 990 gold), Mae ends up getting the dragon and the family cart (worth 10 gold) and nothing else.
What should Mae do?
Attack this on the ground for lesion 814! Less than 3/4 value of her share
What are the four commonalities between all of the reimbursement claims
Needs to be a transaction between the patrimonies
Common measure of reimbursement (with an exception)
Common ratio of reimbursement
Common source of reimbursement
Koh and Rava are married. Before they got married however, they did as most couples do and had a joint wedding shower. In this shower, they recieved plates, silverware, a TV, an air fryer, and of course, a margarita machine.
Classify.
SInce it was at a joint wedding shower, and they are mostly gifts used for the community as a whole, these are likely communtiy gifts under 2338
Policy would follow the funds and time (community)
Proceeds are Sui generis so look to the policy
Appa and Momo are married. They live in a nice, humble temple on the Boiling Rock. One day, Appa gets a visit from Azula, who wants to buy the home for way more than what it is worth. Appa, seeing his moment agrees and in the paperwork signs as himself and as Momo while he is at work.
When Momo comes home he is obviously furious, what can he do?
Community immovable needs the concurrence of both spouses for alienation (2347)
Forgery is not concurrence.
What is the dispute between the Eggheads and the Courts on how a judicial partition is supposed to be bundled.
Eggheads say you should bundle business assets and liabilities and assign to same spouse.
Courts in Pitre: we do not bundle, but we prefer to give them together anyway. Do things item by item
Later, Katara used that entire gift of money (1k) to pay off a debt that Aang owes to the Earth King that he obtained before their marraige.
When Katara eventually forgets her marital vows and leaves Aang for Zuko, she demands reimbursement for this transaction. Is she right and how much is she owed.
Yes! you are correct!
She is owed reimbursement under 2367.3 as her separate property was used for his separate obligation.
She is owed all 1k back from Aang in the partition.
You guys are doing great.
The Boulder and Toph are married. One day, Toph decides she wants to buy a camera so she can immortalize all of the beautiful sunsets at their house. The camera is 10 gold coins.
To buy this camera, she uses 6 coins from her job at the tea shop and 4 coins that she obtained gambling before the marraige.
Is the camera community or separate?
Coins at the tea shop were community and they comprised 60% of the total purchase.
This is not inconsequential so likely community
Iroh and Aunt Wu are married. Iroh took out a retirement plan when he first started working for the fire nation army. Now, as Iroh is beginning to retire.
How would we classify this Retirement plan.
As a policy it is real subrogation
Proceeds are TL James Sims
Iroh is married to Izumi. Iroh is a very successful realtor. He usually buys and sells at least one ocean side hut a week. Izumi grows tired of Iroh always asking for concurrence to sell these huts so she tells him "Look Iroh, the great dragon of the West, you may sell or lease, any community immovable that is not our family home for the next 5 years"
Result?
Valid reservation, however the court will likely cut it back to 3 years.
Zuko and Mae have just gotten a divorce. As normal in Louisiana they want to partition their property. Their fiery hearts have prevented them from agreeing extrajudicially to any agreement. The Total value of the Partition is 1000 gold.
When they partition, Zuko ends up getting the Fire Nation Castle (worth 990 gold), Mae ends up getting the dragon and the family cart (worth 10 gold) and nothing else.
What should Mae do?
Appeal. She should have recieved an equalizing payment. 9:2801(a)(4)(d)
Upspouse minus the down spouse divided by 2
Mae deserved a reimbursement payment of 490 gold
Sokka and Suki are married. Suki has her own land on Kyoshi Island (a subset of West Baton Rouge Parish) that she had before their marraige, but it is without a house. Luckily Sokka has his old hut from the Southern Water Tribe that he also had before the marraige.
Sokka travels down to the water tribe and moves his hut to kyoshi island and sets it right in Suki's lot. The hut at the time is worth 100 schmeckles.
When Sokka eventually leaves Suki for Toph he comes to YOU a local lawyer asking about his rights in his hut.
What do you tell him?
Suki now owns the hut sokka sorry due to Art 2367.1 However he is able to demand reimbusrment from Suki when they partition in which he can get the entire value of the house back (100 Schmeckles)
Sokka and Suki have a joint bank account. It has 100k blaitlins in it. 50k of the money in the account were put in before the marriage with Soka's income, the other 50k are from both their incomes after the wedding.
Go through the different methods of classifying a bank account then go through the methods of tracing the money.
Step 1: Is this a new thing
(i) traditional/common sense approach: “when sep funds are mixed with Comm Prop where they are untraceable and unable to distinguish, then all of the funds are for the community”. The new thing will be community unless the community contribution is inconsequential If it is not so mixed that it is still possible to tell what deposits came from separate and what what came from community, then it is NOT a new thing.
(ii) Spaht/Hargrave/Redmond approach: If possessed by spouses during the marriage, its community. If there is no tracing, then its community. If traceable, it can be rebutted (we should assume the money withdrawn comes from the obligation that was being paid for)
(iii) Franco-Trahan Approach(Correct): The bank is absolutely a new thing. Always going to be community unless its inconsequential.
STEP 2- Traceable?
Sonnier
- we presume the SP withdrawals come from the S funds in the account.
Sphate
- We should assume the money withdrawn corresponds with the obligation being paid for.
Oma buys it on credit with the purpose of gifting it to Shu later.
Classify the obligation
Community
1st element for the interest of the other spouse
2nd element during the marraige
6 concurrent management scenarios
Community Immovable
Timber
Community furniture
All or substantially all of community enterprise
movables registered by both spouses
Unusual DOnations
Preferred method order of a partition
Allocate by lots
Prive sale
Licitation
What are the elements and Burden of Proof standards for Spouses in an uncompensated labor claim between the spouses.
Claimant must prove that
IT was separate
It increased in value (but does nto need to prove exact amount)
The increase was likely based on uncompensated labor
[Krielowe says guessing is enough]
The Burden then SHIFTS to the Defendant spouse to prove that the increase was due to outside factors.