ONCALL
...Family Law
......Community Property Issues
 28 Cards On This Topic:
  • Reimbursement for breach of fiduciary duty for community property improperly taken from a marital estate is a marital property right.
  • The community's pro tanto percentage interest in property is calculated as of the time of the parties' separation, while the value of the property is generally determined as near as practicable to the time of trial.
  • Property received by W in default dissolution not liable for debt incurred by H during marriage, nor is she personally liable for the debt.
  • In allocating debts in dissolution, court should take into account creditors' rights, so there will be available sufficient property to satisfy the debt by the person to whom the debt is assigned.
  • Four-year statute of limitations applies to actions for impairment of s/p during marriage.
  • FC §1101(g) provides an alternative to the actual award of half of the asset itself; it is not in addition to the asset.
  • A finding of oppression, fraud, or malice is required for an award of 100% of an asset pursuant to FC §1101(h).
  • Where one spouse expends an extraordinary sum out of proportion to any community benefit for purposes predominantly for his or her separate benefit, nothing in FC §2625 requires the court to order the other spouse to share equally in that burden.
  • Public policy basis for not legalizing gambling in CA and for not providing a judicial forum to enforce gambling debts.
  • Rules used to trace property acquired and expended during marriage are properly used in characterizing property acquired and expended during a period of separation.
  • The party claiming credit for post-DOS payments has the burden to trace separate and community interests in the commingled assets and the payment of community debts using separate or community funds from commingled sources.
  • Kelley Blue Book qualifies as a reliable compilation under Evid. Code §1340.
  • One who receives the money of another to invest on that person’s behalf becomes a fiduciary.
  • Requirements to impose a fiduciary obligation on a third party.
  • The default rule is form of title controls at death, not the community property presumption.
  • Since the son had control over his Mother's money, he was obliged to account for it.
  • Physically relocating property and transmitting or transporting sale proceeds out of state, then transmuting them into a different legal form, may constitute a violation of UVTA.
  • H's fraudulent transfer of property to W in a sham divorce to try to keep it away from Ps' judgment was sufficient to constitute a voidable transfer; factors to consider.
  • In order for a transmutation to be valid, it must be accepted by the grantee.
  • Tracing is not required for community property presumption to apply to property acquired during marriage.
  • A party who claims property acquired during marriage is separate property must prove that claim by a preponderance of the evidence.
  • Community property presumption discussed.
  • The Kelley Blue Book constitutes a widely accepted source for the value of vehicles and is admissible as a reliable compilation.
  • Family law is a court of equity. (Child support case)
  • UVTA permits the avoidance of “constructive” fraudulent transfers, i.e., transfers that are voidable without proof of actual intent to hinder, delay, or defraud.
  • H breached his fiduciary duty by engaging in and not disclosing bitcoin transactions.
  • A fact is “material” within the disclosure statutes if knowledge of it would have given the other spouse the ability to request the court for protection or relief from it.
  • The fact the community ultimately benefited from a portion of an undisclosed transaction does not excuse the impairment caused by the failure to disclose all of it.


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