Complex Issues in California Family Law - Volume D
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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2) Separate funds were actually withdrawn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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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
Ch. D8 Where Do We Go from Here?
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