Complex Issues in California Family Law - Volume D

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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2) Separate funds were actually withdrawn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.

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