Examples & Explanations: California Community Property, 5E employs a class-tested, unique framework for understanding the complexities of characterizing California community property. The text includes an extensive chapter on joint titles and reimbursement (the most difficult part of California community property law), with examples that thoroughly explain all possible scenarios and include the thorny problem of retroactivity.
The Fifth Edition features several major California Supreme Court cases that deal with the following issues: the characterization of property placed in one spouse’s name, the characterization of enhanced pension benefits, the definition of “living separate and apart,” and the status of a putative spouse. More extensive interpretation of the 2002 Amendments to the Premarital Agreement Act considers the 7-day requirement when represented by independent counsel and the retroactivity of the spousal support waiver provisions. Additional material on the fiduciary duty spouses owe to each other regarding community property covers the extent of the duty to disclose financial transactions to the other spouse.
Features:
- Expanded coverage to include the following material:
- Marriage of Valli (property placed in one spouse’s name)
- Marriage of Green (character of enhanced pension benefits)
- Marriage of Davis (requirements of living separate and apart)
- Ceja v. Rudolph & Sletten, Inc. (putative spouse good faith belief)
- Marriage of Brandes (hybrid Pereira/Van Camp)