Complex Issues in California Family Law
ebook ∣ Volume E · Complex Issues in California Family Law (Current)
By Dawn Gray
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Equitable Remedies—Moore-Marsden and Beyond: Apportionment and Reimbursement Based on Use of Funds to Benefit Another Estate
There is an inherent right of reimbursement to the marital community for the use of any community funds to pay any separate property debt. The rules are nearly entirely judge-made; for this reason, equitable apportionment has more conflicting approaches than nearly any other fundamental family law area. Analyzes the principles involved:
All of which affect the Moore-Marsden formula used to calculate the apportionment once the underlying basis is proven.
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