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Complex Issues in California Family Law - Volume D: Tracing Separate and Community Funds
Complex Issues in California Family Law - Volume D: Tracing Separate and Community Funds
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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2) Separate funds were actually withdrawn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.
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2) Separate funds were actually withdrawn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.
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