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§2.03 Valuation at Time of TrialTo divide the community estate, you must value the assets and liabilities as near as practicable to the time of trial. [FC §2552(a); Marriage of Sherman (2005) 133 CA4th 795, 802.] In a bifurcated proceeding, "trial" refers to the trial on the division of property. [Marriage of Walters (1979) 91 CA3d 535, 539.] In using the phrase "as near as practicable to the time of trial," the Legislature recognized that there may be situations in which the nature and value of community property cannot be fixed or ascertained at the precise time of trial. This language gives you a reasonable degree of flexibility. [Marriage of Olson (1980) 27 C3d 414, 422.]
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Intro | Table of Contents | How to Use | Resource Materials | Review | Evaluation | Exit © 2006 by Judicial Council of California |
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