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| Preface | |
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| Acknowledgments | |
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| Introduction | |
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| The Relationship between the Family and Property Ownership: A Comparative Overview | |
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| Marital Property in the United States | |
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| Marital Property as a Form of Divorce-Related Wealth Distribution: The Relationship between Property Distribution and Spousal and Child Support | |
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| The Common Law Title System | |
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| Equitable Distribution | |
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| Why Do We Have a Marital Property System? Or, More Broadly, How Might We Think About Interpousal Wealth Allocation? | |
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| Professional Education: The Cutting Edge of Several Major Marital Property Issues | |
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| The History of California Community Property | |
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| Major Developments in California Community Property Law | |
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| The 1849 Constitutional Convention | |
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| A Narrative History | |
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| Transmutation: Contracts and Gifts | |
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| Contractual Variation of the Statutory Scheme: General Background and the California Case Law Tradition | |
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| The California Premarital Agreement Act (CPAA) | |
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| Premarital Agreements: The Statute of Frauds and Avoidance Techniques | |
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| Transmutation During Marriage | |
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| Definitional and Tracing Issues | |
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| Introduction | |
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| Defining Community Property and Separate Property: Onerous or Lucrative Acquisition? | |
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| Tracing | |
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| Evidentiary Presumptions in California Community Property Law | |
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| Introductory Problem | |
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| The Framework of the California Evidence Code | |
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| The Presumption that Property Acquired or Possessed During Marriage Is Community Property | |
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| The Role of Title Generally | |
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| Forms of Title that Raise Presumptions of Gift or Agreement to Transmute | |
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| Improvements: Gift Presumptions and Statutory Treatment | |
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| The Family Expense Presumption | |
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| Classification of Property | |
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| Tracing Property Purchased from a Commingled Fund | |
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| Apportionment of Business Growth and Profits | |
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| Credit Acquisitions | |
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| Apportionment of Ownership vs. Reimbursement by the Titled Estate | |
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| Special Classification Problems: Tort Recoveries and Insurance Proceeds | |
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| Classification of Employment-Related Interests | |
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| Management and Creditors' Rights | |
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| Management of Community Property | |
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| General Limitations on Managerial Power | |
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| Creditors' Rights | |
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| Inception and Termination of the Economic Community | |
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| Introduction | |
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| Lawful Marriage | |
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| Putative Spouses | |
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| Licensing Same-Sex Domestic Relationships | |
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| Unmarried Cohabitation | |
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| The End of the Economic Community | |
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| Property Distribution at Divorce | |
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| The Jurisdiction of the Court | |
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| The Equal Division Requirement | |
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| Time of Valuation | |
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| Income Tax Consequences of Division | |
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| Community Assets Not Listed in the Pleadings | |
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| Setting Aside a Property Settlement or Decree for Mistake, Fraud, Breach of Fiduciary Duty, Breach of Confidential Duty, or Duress | |
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| Property Distribution at Death | |
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| Recapture of Unauthorized Inter Vivos Gifts after the Donor's Death and the Item Theory of Community Property Distribution at Death | |
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| The Surviving Spouse's Obligation to Elect | |
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| Apportionment of Debts | |
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| The Ancestral Property Succession Statute | |
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| Choice of Law at Divorce and Death | |
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| Introduction | |
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| Out-of-State Real Property Acquired by Spouses Domiciled in California at All Relevant Times | |
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| California Real Property Owned by Married Couples Domiciled Outside California at All Relevant Times | |
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| Property Acquired by Out-of-State Couples Who Later Become California Domiciliaries | |
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| Community Property Acquired by Californians Who Subsequently Become Domiciled in Another Jurisdiction (Preacquired Community Property) | |
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| Federal Preemption of State Marital Property Law | |
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| California Statutory Appendix | |
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| Selected Provisions from the California Family Code | |
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| Selected Provisions from the California Probate Code | |
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| California Financial Code Section 851 | |
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| Table of Cases | |
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| Index | |