Complex Issues in California Family Law

ebook Volume D · Complex Issues in California Family Law (Current)

By Dawn Gray

cover image of Complex Issues in California Family Law

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Tracing Separate and Community Funds: Using Tracing Concepts in the Daily Practice of Family Law

Follow detailed example showing "how to" properly prepare a family law tracing to recover for your client property acquired with "their" separate property funds but now presumed to be community. Provides guidance such as:

  • "Game plan": Describes proper procedure for tracing.
  • Fiduciary Opportunity Doctrine: Shows how and why this interspousal duty can have a significant effect.
  • Elements: Details step-by-step tracing to show that:

    1) Separate funds on hand at withdrawal

    2) Separate funds were actually withdrawn

    3) Intent to acquire this asset as separate property

    4) In some situations, that intent was disclosed.

  • Sample: Includes "mechanical tracing" with sample testimony satisfying "intent" and disclosure issues.

    This eBook features links to Lexis Advance for further legal research options.

  • Complex Issues in California Family Law