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Complex Issues in California Family Law - Volume F: Equitable Remedies - Pereira-Van Camp and Beyond
     

Complex Issues in California Family Law - Volume F: Equitable Remedies - Pereira-Van Camp and Beyond

by Dawn Gray
 
Equitable Remedies—Pereira-Van Camp and Beyond: Apportionment and Reimbursement Based on Use of Efforts to Benefit Another Estate

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

Overview

Equitable Remedies—Pereira-Van Camp and Beyond: Apportionment and Reimbursement Based on Use of Efforts to Benefit Another Estate

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.

This eBook features links to Lexis Advance for further legal research options.

Product Details

ISBN-13:
9780327173434
Publisher:
LexisNexis
Publication date:
11/01/2011
Sold by:
Barnes & Noble
Format:
NOOK Book
File size:
613 KB

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