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Complex Issues in California Family Law-Volume C
Transmutations: Understanding, Defending and Challenging Changes in Property ...
Publisher: Matthew Bender Elite Products
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Transmutations: Understanding, Defending and Challenging Changes in Property Ownership Between Spouses
Identify changes in important property rights between spouses, perhaps as a result of mortgage refinancing, then determine whether change is valid and finally if reimbursement is legally required. Delivers the reasoning to help resolve issues such as, for example, when analyzing a transmutation to always use this 3-part test:
1. Is it Valid as to Form? Application of FC § 852(a) and MacDonald; because parole evidence not allowed, must look to "four corners of document."
2. Is it Free of Fraud? How to scrutinize for constructive fraud—if it advantages a spouse it is presumed a result of undue influence and invalid.
3. Was There a Waiver of FC § 2640 Reimbursement? Without an express waiver, reimbursement may negate "victory" of proving otherwise valid transmutation.
Identify changes in important property rights between spouses, perhaps as a result of mortgage refinancing, then determine whether change is valid and finally if reimbursement is legally required. Delivers the reasoning to help resolve issues such as, for example, when analyzing a transmutation to always use this 3-part test:
1. Is it Valid as to Form? Application of FC § 852(a) and MacDonald; because parole evidence not allowed, must look to "four corners of document."
2. Is it Free of Fraud? How to scrutinize for constructive fraud—if it advantages a spouse it is presumed a result of undue influence and invalid.
3. Was There a Waiver of FC § 2640 Reimbursement? Without an express waiver, reimbursement may negate "victory" of proving otherwise valid transmutation.
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Table of Contents
C1 Point of View
C2 Importance of Transmutations in Modern Family Law Practice
C3 Fundamental Transmutation Concepts
C4 A Transmutation Must be Valid as to Form
C5 Transmutation Must Have Been Obtained Free of Fraud
C6 Did Transmutation Address Right of Reimbursement Set Forth in Family Code § 2640?
Appendix
Index
