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Full-Text Articles in Law
Benson V Marin County: Severing A Joint Tenancy As A Property Tax Change Of Ownership, Roger Bernhardt
Benson V Marin County: Severing A Joint Tenancy As A Property Tax Change Of Ownership, Roger Bernhardt
Publications
No abstract provided.
Calculating Exemptions In Bankruptcy: All Points Capital Corp. V Meyer, Roger Bernhardt
Calculating Exemptions In Bankruptcy: All Points Capital Corp. V Meyer, Roger Bernhardt
Publications
This article discusses a bankruptcy case involving 11USC §522(f)’s formula for avoiding judgment liens on properties in which the debtor holds only a partial interest.
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.
Secretly Severing Joint Tenancies, Roger Bernhardt
Secretly Severing Joint Tenancies, Roger Bernhardt
Publications
This article discusses California cases involving severing joint tenancies and the differences between joint tenancy or community property.
Qualified Disclaimers Of Joint Tenancies: A Policy And Property Law Analysis, Helen E. Hartnell, D. L. Uchtmann
Qualified Disclaimers Of Joint Tenancies: A Policy And Property Law Analysis, Helen E. Hartnell, D. L. Uchtmann
Publications
In light of the present position of the Service on the issue of joint tenancy disclaimers and the importance of this issue in many estates, a thorough analysis of this issue is warranted. The following sections of this Article will examine: 1) whether such a disclaimer should be treated as a "qualified disclaimer" on policy grounds; and 2) whether a disclaimer or the "accretive portion" of a joint tenancy interest by a surviving joint tenant meets the technical requirements of a "qualified disclaimer" under federal law in light of contemporary property law.