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Complex Issues in California Family Law - Volume E
Equitable Remedies-Moore-Marsden and Beyond: Apportionment and Reimbursement Based on Use of Funds to Benefit Another Estate. (2021)
Publisher: Matthew Bender Elite Products
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Equitable Remedies—Moore-Marsden and Beyond: Apportionment and Reimbursement Based on Use of Funds to Benefit Another EstateThere 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.
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