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Complex Issues in California Family Law - Volume E

Publisher: Matthew Bender

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ISBN: 9781422405864
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Equitable Remedies—Moore-Marsden and Beyond: Apportionment and Reimbursement Based on Use of Funds to Benefit Another Estate

There 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.

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

Table of Contents

E1 Point of View
E2 Foundational Considerations Relating to Equitable Apportionment and Reimbursement Issues
E3 Constructive Fraud: Concept Underlying Equitable Apportionment and Reimbursement
E4 Consent and Community Contributions to a Separate Property Asset —Equitable Apportionment or Reimbursement?
E5 Remedies for Actual or Constructive Fraud
E6 Equitable Apportionment and Reimbursement: Contributions of Community Funds to a Separate Property Asset
E7 Other Considerations Related to Equitable Apportionment and Reimbursement
E8 Overview of Scope, Nature and Extent of Spousal Fiduciary Duties
E9 Presumption of Undue Influence
E10 Credits and Reimbursement Rights Between Separate and Community Estates After Separation
E11 Where Do We Go From Here?
Appendices
Index—Subject Matter and Major Case References