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Complex Issues in California Family Law - Volume E

Complex Issues in California Family Law - Volume E

Equitable Remedies-Moore-Marsden and Beyond: Apportionment and Reimbursement ...


Availability: In Stock
Publisher :Matthew Bender
Format: One volume - softbound , BOOK

ISBN: 9781422405864

2006
 
$212.00
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    Equitable Remedies—Moore-Marsden and Beyond: Apportionment and Reimbursement Based on Use of Funds to Benefit Another Estate

    There is an inherent right of reimbursement to the marital community for the use of any community funds to pay any separate property debt. The rules are nearly entirely judge-made; for this reason, equitable apportionment has more conflicting approaches than nearly any other fundamental family law area. Analyzes the principles involved:

  • Breach of Duty
  • Constructive fraud
  • Consent-which may eliminate the right to reimbursement
  • Restitution
  • Equitable offset
  • Lender intent doctrine All of which affect the Moore-Marsden formula used to calculate the apportionment once the underlying basis is proven.

    • E1 Point of View
    E2 Foundational Considerations Relating to Equitable Apportionment and Reimbursement Issues
    E3 Constructive Fraud: Concept Underlying Equitable Apportionment and Reimbursement
    E4 Consent and Community Contributions to a Separate Property Asset —Equitable Apportionment or Reimbursement?
    E5 Remedies for Actual or Constructive Fraud
    E6 Equitable Apportionment and Reimbursement: Contributions of Community Funds to a Separate Property Asset
    E7 Other Considerations Related to Equitable Apportionment and Reimbursement
    E8 Overview of Scope, Nature and Extent of Spousal Fiduciary Duties
    E9 Presumption of Undue Influence
    E10 Credits and Reimbursement Rights Between Separate and Community Estates After Separation
    E11 Where Do We Go From Here?
    Appendices
    Index—Subject Matter and Major Case References

     

     

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