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Divorce

Property Law and Real Estate

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The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt Jan 2003

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.

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Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt Apr 2002

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.

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Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt Jan 2001

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.

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