February 2025 Retest · ORIGINAL INSTRUCTIONAL EXAMPLE

Essay 2: Community Property
Sample Answer & Question Pointers

February 2025 Retest California Bar Examination · Fact-specific analysis, an issue outline, and pointers on the official question.

By Bar Exam Doctor · Published November 4, 2026

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This is an original, ungraded instructional response. It is not an official State Bar selected answer, a scored student submission, or a claim of attorney review. Use it to compare reasoning and organization after attempting the question. Alternative reasoned analyses may be possible.

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The actual question, with pointers

Official source text with our added highlights and numbered notes. The PDF preserves the source layout. For the PT, the task, file, and substantive library pages appear below; the complete packet includes the instructions and dividers.

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Official source page 4

QUESTION 2 Harry and Willa, who live in California, planned to marry. Willa is a lawyer who earns substantially more money than Harry. Willa was willing to marry only if Harry signed a premarital agreement waiving the right to receive post-divorce spousal support upon divorce. Willa’s lawyer drafted the agreement and Willa gave it to Harry to review. Willa told Harry that she would pay for him to confer with a lawyer regarding the agreement, but Harry declined3 to consult with a lawyer. Harry and Willa signed the agreement before the wedding. During the marriage, Willa worked for a law firm and deposited her salary in Main Street Bank in an account in her name alone. No other funds were deposited into the account. Harry inherited1 $50,000 from his grandfather during the marriage, which he used to buy stock. Harry liked to play the stock market and actively managed the stock. The stock paid cash dividends, which Harry deposited into an account he opened in his name at West Coast Bank. Sometimes Harry also deposited money he made as a handyman during the marriage into the West Coast Bank account. Willa withdrew some money from the Main Street Bank account and bought an expensive watch2 for Harry, which she gave to him on his birthday. On March 3, 2024, Harry was in an accident and was severely injured. Harry was not able to work. On March 3, 2025, Willa filed for divorce. At the time Willa filed for divorce, Harry’s stock was worth $70,000. 1. What are Harry and Willa’s respective rights, if any, regarding: a) The funds in Willa’s account at Main Street Bank? Discuss. b) Harry’s stock? Discuss. c) The funds in Harry’s account at West Coast Bank? Discuss. d) Harry’s watch? Discuss. 2. Is the premarital agreement enforceable? Discuss. Answer according to California Law.

Before you write: issue outline

  1. Classify and trace each asset before considering title or commingling.
  2. Apportion active-management growth without inventing missing figures.
  3. Separate the support-waiver rule from general premarital-agreement enforcement.

Main Street account

California generally treats earnings acquired during marriage while domiciled in the state as community property. Willa’s salary is therefore community property, and depositing only that salary into an account in her name does not change its character. Sole title is not a substitute for a valid transmutation. On dissolution, the community balance is ordinarily divided equally, absent an applicable agreement or adjustment not stated here.

Inherited stock and appreciation

Harry’s inherited $50,000 stock is separate property. Separate-property income and passive appreciation ordinarily retain separate character, but community labor contributing to growth can require apportionment.

Harry actively managed the investment, which grew to $70,000. Under a Pereira-type approach, the separate estate receives its initial value plus a reasonable return, and growth attributable to marital labor is allocated to the community. A Van Camp-type approach instead values reasonable community compensation for services where the capital or external market forces account for the business success. The court should choose the method that fairly reflects the source of growth.

The facts do not give the duration, reasonable return, value of services, or amount attributable to market movement. It is therefore wrong to award all $20,000 growth automatically to either estate. The original inherited value remains separate, with the increase allocated after tracing and valuation. Cash dividends from separate stock ordinarily are separate income, subject to any necessary allocation reflecting the established community interest.

West Coast account

Harry’s handyman earnings during marriage are community property. Placing them in an account with separate-source dividends creates commingling but not an automatic gift of one estate to the other. The court should trace deposits and expenditures. If Harry proves the separate source and continued existence of particular funds, they retain separate character. If tracing fails, the community presumption may control the disputed balance. The record does not permit a precise division merely from the account’s name.

Birthday watch

The watch was bought with community earnings. A transmutation from community to Harry’s separate property ordinarily requires an express written declaration satisfying Family Code section 852. A birthday intention alone does not meet that rule.

There is an exception for gifts between spouses of jewelry or other specified personal articles used principally by the recipient and not substantial in value considering the circumstances of the marriage. A watch can qualify as a personal jewelry gift, but whether it is insubstantial depends on this couple’s finances, not the word “expensive” alone. Willa’s wealth supports the exception; the absence of a price and comparative financial figures prevents certainty. If the exception applies, Harry owns it separately. If it is substantial and there is no qualifying writing, it remains community property despite the birthday presentation.

Spousal-support waiver

Family Code section 1612(c) imposes a specific restriction on premarital spousal-support waivers: the provision is unenforceable against a party who lacked independent counsel when signing, and it is also unenforceable if unconscionable when enforcement is sought. Willa’s offer to pay for independent counsel does not mean Harry was actually represented. His refusal therefore does not rescue this support waiver.

Harry’s disabling injury and resulting need also support an enforcement-stage unconscionability argument, although financial details would matter to that determination. The court need not rely exclusively on it because lack of independent representation is already decisive under the stated support-specific rule.

General voluntariness requirements for premarital agreements, including the applicable opportunity to review and statutory protections for an unrepresented party, are separate. No dates establish a review-period violation, so one should not be invented. The support waiver does not itself reclassify the accounts or stock. Support should instead be considered under the ordinary applicable factors once the waiver is found unenforceable.

Sources and further comparison

The official question controls its facts and jurisdiction. These responses address the exam scenario; subsequent legal changes and other fact patterns may require a different analysis. The PT uses the supplied fictional Columbia library, which must not be replaced with outside law.