Complex Issues in California Family Law - Volume D

Tracing Separate and Community Funds: Using Tracing Concepts in the Daily Practice of Family Law. (2010)

Select a format

Print Book:One Volume - softbound
ISBN: 9781663366832
In Stock
Price
$429.00
QTY
eBook:epub
ISBN: 9780327173410
In Stock
Price
$279.00
Best value
QTY
eBook:mobi
ISBN: 9780327173410
In Stock
Price
$279.00
Best value
QTY
International Order Inquiry

Product description

Tracing Separate and Community Funds: Using Tracing Concepts in the Daily Practice of Family Law
Follow detailed example showing "how to" properly prepare a family law tracing to recover for your client property acquired with "their" separate property funds but now presumed to be community. Provides guidance such as:
•  "Game plan": Describes proper procedure for tracing.
•  Fiduciary Opportunity Doctrine: Shows how and why this interspousal duty can have a significant effect.
•  Elements: Details step-by-step tracing to show that:
1) Separate funds on hand at withdrawal
2) Separate funds were actually withdrawn
3) Intent to acquire this asset as separate property
4) In some situations, that intent was disclosed.

•  Sample: Includes "mechanical tracing" with sample testimony satisfying "intent" and disclosure issues.

eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.

 

Table of contents

VOLUME D: TRACING SEPARATE AND COMMUNITY FUNDS: USING TRACING CONCEPTS IN THE DAILY PRACTICE OF FAMILY LAW
Ch. D1 Point of View
Ch. D2 Overview of the Principles and Issues Relating to Family Law Tracings
Ch. D3 Definitions, Presumptions, and Burdens Applicable to Family Law Tracings
Ch. D4 General Principles of a Family Law Tracing
Ch. D5 Equitable Apportionment Tracing
Ch. D6 Sample Family Law Tracings
Ch. D7 Interspousal Fiduciary Duties and Tracing
Appendix DI: How to Successfully Implement a Family Law Tracing
Appendix DII: Former Civil Code § 4800.1
Appendix DIII: Proposed Legislation Regarding Family Law Tracings