Thursday, June 20, 2013

(Re Marriage Of Green) of the California Appeals Court CalPERS credit decides Isa Community Property

The first impression is the case, it was decided by a name Timothy Green California appeals court to buy a with community money, while her husband on the Retirement System of the California Public Employees (CalPERS) were asked to consider how to classify the loans four-year marriage to his wife, Julie.

Timothy because it was able to buy these military loans made four years before marrying. Military Court before marriage, said Timothy independent real estate loans received during the marriage, but Julia credit can get a refund of the money spent communal property. However, the appeals court reversed the decision of the trial court and the loan was purchased with funds during the four years of marriage and Julia deserve a refund only because society has decided that the property was owned by the community.

Was filed on May 16, 2012, the Court issued its decision :. "Here, military loans were acquired during the marriage with arguably the EU funds, credited pension contract rights on the basis of more than four years since Julie prenup above were obtained during the military wedding, although based on the service before the marriage of credit! "There was an active community of stamped" was! "

Instead of credit was essential before marriage and military service credit is thus giving rise to the presumption of credit focused on the fact that acquired during the marriage, since it ignores the fact that the characteristics of charm community. This is consistent with the law of California. Unless the spouses may show a different feature of the general source, it is estimated that the assets acquired in the community throughout the wedding. Resources, but of separation of property, gift, inheritance or send money before marriage, but the allocation of funds not limited

However, the case did not end there - because the credit is not fully integrated and Timothy stop making payments, even after the date of separation. In this regard, the Court Julia only 50% of the loan for "Bad" is organized by "installment for credit purchases, the light of truth will continue for several years." Using marriage to the party of community service credit funds Timothy to enter an irrevocable contract to buy four years, the Court estimates the expert appointed by the court of first instance by EU funds used to make payments required only one "organized (by total credit the fraction service required payments 360 124) 34.44 percent. "

The hearing in the appeal court, the Court decided to continue to issue shares. Held the appellate court. "We are basically a proper allocation of requirements to the conclusion that the detention of appropriate first instance to determine is the division of pensions between the individual and common property to the Fair Park and society, and very representative of the relative contribution of different sites."

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