Family Court: Dividing Property
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TABLE OF CONTENTS

Foreword

I. Equal Division

§1.01 Procedural Setting
§1.02 Divide Community Estate Equally
§1.03 Parties' Agreement
§1.04 Community Personal Injury Damages
§1.05 Other Exceptions to Equal Division
§1.06 Jurisdiction Over Separate Property
§1.07 Review Questions

II. Valuation

§2.01 Bifurcation
§2.02 Fair Market Value
§2.03 Valuation at Time of Trial
§2.04 Alternate Valuation Date
§2.05 Application for Alternate Date
§2.06 Valuation of Real Property
§2.07 Small Businesses or Professional Practices
§2.08 Co-owned Businesses
§2.09 Closely Held Corporations
§2.10 Defined Benefit Pension Plans
§2.11 Defined Contribution Pension Plans
§2.12 Listed Stock
§2.13 Promissory Note
§2.14 Life Insurance
§2.15 Review Questions

III. Methods of Division

§3.01 Court's Discretion
§3.02 In-Kind Division
§3.03 Asset Distribution, Cash Out, or Sale and Division of Proceeds
§3.04 Dividing Family Business
§3.05 Converting to Tenancy in Common
§3.06 Dividing Out-of-State Real Property
§3.07 Single Asset
§3.08 Liquidation to Avoid Risk
§3.09 Reserve Jurisdiction
§3.10 Omitted Community Property
§3.11 Arbitration
§3.12 Methods Other Than by Judicial Decision
§3.13 Review Questions

IV. Dividing Retirement Benefits

§4.01 Community Property Shares
§4.02 Methods of Division
§4.03 Postponing Division
§4.04 Spouses' Rights and Elections
§4.05 Methods of Awarding Pension Rights
§4.06 When Right to Payment Accrues
§4.07 Waiver of Election Right
§4.08 Death and Survivor Benefits
§4.09 ERISA Requirements
§4.10 QDRO Statutory Requirements
§4.11 California Public Employee or Federal Pension Requirements
§4.12 Review Questions

V. Deferred Sale of Family Residence

§5.01 Deferred Sale Defined
§5.02 Determining Economic Feasibility
§5.03 Factors Considered in Ordering Deferred Sale
§5.04 Order Deferring Sale
§5.05 Modification or Termination
§5.06 Review Questions

VI. Assignment of Debts

§6.01 Debts Incurred Before Marriage
§6.02 Debts Incurred During Marriage and Before Separation
§6.03 Debts Incurred After Separation
§6.04 Debts Incurred After Entry of Judgment
§6.05 Separate Debts
§6.06 Tort Liability While Not Acting for Community
§6.07 Review Questions

VII. Education Loans

§7.01 Community Reimbursed for Contribution to Education
§7.02 Assignment of Payments to Educated Party
§7.03 Reduction or Modification When Unjust
§7.04 Reimbursement Exclusive Remedy
§7.05 Review Questions

VIII. Reimbursements

§8.01 Separate Property Contributions to Community Acquisition
§8.02 Date Property Acquired
§8.03 Separate Property Contributions to Separate Acquistion
§8.04 Waiver or Transmutation
§8.05 Tracing Subsequent Acquisitions
§8.06 Separate Property Payment for Necessaries
§8.07 Community Property Payment for Prior Support Obligation
§8.08 Tort Liability
§8.09 Conditions on Right of Reimbursement
§8.10 Community Expenses After Separation Paid With Separate Property
§8.11 Exclusive Use of Community Property After Separation
§8.12 Community Property Used to Pay Separate Obligations
§8.13 Review Questions

Resources

Methods of Dividing Community Property

Publications

Web Links

Glossary

   

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