Property Law Flashcards

What is California's community property system?

Answer: Property acquired during marriage is presumed equally owned by both spouses

California is a community property state where all property acquired during marriage through either spouse's efforts is presumed to be owned equally by both spouses.

What disclosures must a seller make when selling residential real property in California?

Answer: A Transfer Disclosure Statement covering known material defects and property conditions

California Civil Code requires sellers to provide a Transfer Disclosure Statement (TDS) disclosing known material facts about the property's physical condition, including defects.

What is the California Environmental Quality Act (CEQA) and how does it affect real property?

Answer: It requires environmental review before approving development projects that may significantly impact the environment

CEQA requires state and local agencies to identify environmental impacts of proposed projects and to avoid or mitigate those impacts before approval.

What is Proposition 13's impact on California property taxes?

Answer: It limits property tax to 1% of assessed value and restricts annual assessment increases to 2%

Proposition 13 (1978) caps the property tax rate at 1% of the property's assessed value at time of purchase and limits annual assessment increases to no more than 2%.

What is a lis pendens in California real property law?

Answer: A recorded notice that litigation is pending that may affect title to the property

A lis pendens is recorded in the county recorder's office to provide public notice that a lawsuit has been filed that involves a claim affecting real property title.

Under California law, what rights does a tenant have regarding habitability?

Answer: The right to a dwelling that meets basic health and safety standards, with remedies including rent withholding

California's implied warranty of habitability requires landlords to maintain rental units in livable condition meeting health and safety standards, and tenants may withhold rent or repair and deduct for violations.