ONCALL
...Family Law
......Family Residence/Real Property
10 Cards On This Topic:

Motion to expunge lis pendens was error where P's petition, if successful, would affect title to the property bought with trust funds, and thus contained a "real property claim," per CCP §405.4.

Spouse's sale of property to the marital community for $1 is not a de facto gift, thus does not trigger a right of reimbursement under FC §2640.

County Board's use of cost method to prevent future functional obsolescence was not reasonably calculated to approximate the FMV of lessee's property interest in Oracle Park.

A claim that seeks to impose a constructive trust that would affect title may support a lis pendens.

Lis pendens described.

There can be no oral agreement for the conditional delivery of a deed.

Where the information necessary to calculate the community's interest is missing, the Court must order the parties to provide it such that an equal division can be accomplished.

Error to calculate c/p Moore/Marsden interest in residence using total mortgage payments instead of just the amounts which reduce principal.

Moore/Marsden formula summarized.

A community that has received a pro tanto interest in s/p (which includes reimbursement for payment of the mortgage principal) is not also entitled to reimbursement for payment of property taxes on s/p.