Complex Issues in California Family Law - Volume D

Publisher: Matthew Bender

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Print Book :One Volume - softbound
ISBN: 9781422481912
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eBook :epub
ISBN: 9780327173410
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eBook :mobi
ISBN: 9780327173410
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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2) Separate funds were actually withdrawn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.

This eBook features links to Lexis Advance for further legal research options.

Table of Contents

D1 Point of View
D2 Overview of Principles and Issues Relating to Family Law Tracings
D3 Definitions, Presumptions and Burdens Applicable to Family Law Tracings
D4 General Principles of a Family Law Tracing
D5 Interspousal Fiduciary Duties and Tracing
D6 Where Do We Go from Here?