CALIFORNIA FAMILY LAW
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Community Property Issues
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Characterization
.........Characterization/Definition
3 Cards On This Topic:
W had c/p interest in Alacer's increased value during marriage and trial court w/in its discretion in using Pereira to apportion Alacer's value at date of H's death using "capitalization of excess earning" method.
Characterization defined; required to determine parties' rights and liabilities with respect to a particular asset or obligation.
If a c/p is created during marriage, it is a present and existing interest, even if it has yet to be recognized by a court order.