Complex Issues in California Family Law - Volume F
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The authors analyze the inherent right of reimbursement to the marital community when the efforts of one spouse have benefited only that spouse's separate property. The rules are nearly entirely judge-made; for this reason, equitable apportionment has more conflicting approaches than nearly any other fundamental family law area:
• Constructive fraud
• Lender intent doctrine
• Fiduciary duties
• Equitable offset
• Consent—which may eliminate the right to reimbursement
all of which affect the Pereira-Van Camp approaches used to calculate the apportionment once the underlying basis is proven.
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Table of contents
F1 Point of View
F2 Concept Underlying Equitable Apportionment: Constructive Fraud
F3 ConsentDefense to Equitable Apportionment or Reimbursement?
F4 Apportionment, Reimbursement and Other Equitable Remedies of Restitution
F5 Apportionment Based on Contributions of Community Efforts to Separate Property: Pereira, Van Camp and Progeny
F6 Equitable Apportionment Tracing
F7 Determining Reasonable Compensation
F8 Additional Pereira and Van Camp Apportionment Issues
F9 "Reverse Apportionment'' of Community Assets Based on Post-separation Efforts
F10 Where Do We Go from Here?
Appendix FI Capital-Labor Apportionment Method (“CLAM”)
Appendix FII Pereira and Van Camp Applications Chart