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§2.04 Alternate Valuation Date
For good cause shown, you may value all or any portion of
the assets and liabilities at a date after separation and before trial
to accomplish an equal division of the community estate in an equitable manner.
[FC §2552(b).]
The alternate valuation date remedies certain inequities
that result when [Marriage of Barnert (1978) 85 CA3d 413, 423]:
- Either spouse dissipates the community estate after
separation; or
- The hard work and actions of one spouse alone, after separation,
greatly increases the community estate.
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REFERENCE >> For discussion of allocating
gain in a community asset resulting from postseparation efforts, see the online
course Characterizing Property, §4.04.
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