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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.
Transmuting Gifts Into Community Property: Marriage Of Weaver, 2005, Roger Bernhardt
Transmuting Gifts Into Community Property: Marriage Of Weaver, 2005, Roger Bernhardt
Publications
This article discusses a California case which held that a husband’s separate property interest in a gift received during marriage was transmuted into community property with a right of reimbursement when his wife was later added to title along with her husband and his mother.
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.
Community Property Reimbursement, Roger Bernhardt
Community Property Reimbursement, Roger Bernhardt
Publications
This article discusses how California community property rules intersect with dissolution and bankruptcy claims, dealing with the effect of a couple making the down payment with funds from one of the spouse’s parents.
Trading Mortgages For Judgments Against Community Property, Roger Bernhardt
Trading Mortgages For Judgments Against Community Property, Roger Bernhardt
Publications
This article discusses the incompatibility between California Family Code sections that require the signature of both spouses to lease, convey, or encumber community real property, but also make the community property liable for the debts of either spouse.