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Complex Issues in California Family Law-Volume C
Publisher: Matthew Bender
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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.
This eBook features links to Lexis Advance for further legal research options.
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
