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.
This eBook features links to Lexis Advance for further legal research options.
|Sold by:||Barnes & Noble|
|File size:||361 KB|