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Full-Text Articles in Law
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter
The Illusion Of Equality: The Failure Of The Community Property Reform To Achieve Management Equality, Elizabeth Carter
Journal Articles
The article focuses on the equal management laws in the community property reform for the well-being and future prosperity of the family. Topics discussed include separate property regime and the community property regime in the U.S., examines the history of the reform era and argues that equality was not the primary goal of the legal reform and examines how spouses actually managed their money in the pre-1970s era.
Marriage, Money, Notice, And Presumptions, Roger Bernhardt
Marriage, Money, Notice, And Presumptions, Roger Bernhardt
Publications
This article functions as an intellectual checklist for navigating community property issues in divorce cases where title to the family home has been taken in only one spouse’s name. The discussion includes potential claims, constructive and inquiry notice, and the evidence code presumption.
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
The Superior Position Of The Creditor In The Community Property Regime: Has The Community Become A Mere Creditor Collection Device?, Andrea B. Carroll
Journal Articles
This article is a first step in an effort to critically examine the continued vitality of the community regime for regulating spousal property. Specifically, the article examines the American community property regimes in light of how they measure up against non-community property states in terms of creditor protection. The results are often surprising. The community regime grants creditors access to a variety of property for all manner of debts. For instance, the entirety of the community property, including the non-debtor spouse's wages, may be seized in some community property states for the other's premarital debts. That the non-debtor spouse has …
Interference With Contract And The “Manager’S Privilege”: Huynh V Vu, 2003, Roger Bernhardt
Interference With Contract And The “Manager’S Privilege”: Huynh V Vu, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that, in an action by a broker against a seller’s husband, who managed the seller’s property, for tortious inference, the husband was entitled to assert the defense of “manager’s privilege.”
The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt
The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt
Publications
This article discusses a California case which held that when an interspousal transaction is to one spouse’s advantage, the Family Code presumption that the transaction was a result of undue influence is trumped by the Evidence Code’s presumption of record title.
Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt
Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt
Publications
This article analyzes community property and separate property distributions on dissolution of marriage in California.
Community-Funded Improvements To Separate Property: Marriage Of Wolfe, 2001, Roger Bernhardt
Community-Funded Improvements To Separate Property: Marriage Of Wolfe, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that community funded improvements to a spouse’s separate property are not presumed to be a gift and that the community is entitled to reimbursement.
Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt
Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt
Publications
This article discusses a California case which held that on dissolution of marriage a spouse is entitled to reimbursement for payment of 1) a fee required for family home building permit, and 2) construction loan consideration, both paid from separate property.
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn
Articles
The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …