Complex Issues in California Family Law - Volume E
Select a format
Select subscription type
Terms & conditions
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing email@example.com; or returning the invoice marked "CANCEL".
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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
• Equitable offset
• Lender intent doctrine
All of which affect the Moore-Marsden formula used to calculate the apportionment once the underlying basis is proven.
eBooks, CDs, downloadable content, and software purchases are non-cancellable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+™ for further legal research options. A valid subscription to Lexis+™ is required to access this content.
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