Term
|
Definition
1) Direct - Sufficient separate funds available at time of purchase
2) Exhaustion - CP funds were exhausted for family expenses |
|
|
Term
| Two methods to split pension |
|
Definition
|
|
Term
|
Definition
| Time of employment when married / Total employment |
|
|
Term
| Methods of apportioning separate property business |
|
Definition
1) Pereira - CP friendly
2) Van Camp - SP friendly |
|
|
Term
|
Definition
| SP = FMV(m) + FMV(m) x Fair rate of return (10%) x Yrs of marriage |
|
|
Term
|
Definition
| CP = (Reasonable value of service x Yrs) - Family expenses |
|
|
Term
| CP/SP for capital improvements |
|
Definition
SP used to improve other's SP -> Reimbursement
SP to CP -> Reimbursement
CP to own SP -> Reimbursement or enhancement
CP to other's SP -> Reimbursement |
|
|
Term
| CP/SP for property purchases |
|
Definition
SP used for down payment of CP -> Reimbursement
SP for CP if presumption rebutted and SP intact -> Interest
CP for SP -> Interest |
|
|
Term
| Pre-existing child support |
|
Definition
| Treated as debt before marriage and CP liable unless non-debtor shields earnings. Community can seek reimbursement IFdebtor had separate income at the time. |
|
|
Term
| When prenup not voluntary |
|
Definition
Voluntariness needs all:
1) Independent counsel
2) 7 days
3) No counsel but informed
4) No duress etc. |
|
|
