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Full-Text Articles in Law
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.
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.