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