Complex Issues in California Family Law

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

By Dawn Gray

cover image of Complex Issues in California Family Law

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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:

  • Breach of Duty
  • Constructive fraud
  • Consent-which may eliminate the right to reimbursement
  • Restitution
  • Equitable offset
  • Lender intent doctrine

    All of which affect the Moore-Marsden formula used to calculate the apportionment once the underlying basis is proven.

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

  • Complex Issues in California Family Law