Complex Issues in California Family Law - Volume E: Equitable Remedies - Moore-Marsden and Beyond

Complex Issues in California Family Law - Volume E: Equitable Remedies - Moore-Marsden and Beyond

by Dawn Gray
     
 
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

Overview

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.

Product Details

ISBN-13:
9780327173427
Publisher:
LexisNexis
Publication date:
11/01/2011
Sold by:
Barnes & Noble
Format:
NOOK Book
File size:
637 KB

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