[Download] "In re Marriage of Kathleen and C. James Fabian. C. James Fabian" by Supreme Court Of California * Book PDF Kindle ePub Free
eBook details
- Title: In re Marriage of Kathleen and C. James Fabian. C. James Fabian
- Author : Supreme Court Of California
- Release Date : January 13, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
[41 Cal3d Page 442] In In re the Marriage of Buol (1985) 39 Cal. 3d 751 [218 Cal. Rptr. 31, 705 P.2d 354] we held that retroactive application of a statutory provision requiring a writing to prove, upon dissolution of marriage, [41 Cal3d Page 443] that property taken in joint tenancy during marriage was actually the separate property of one spouse impaired vested property rights without due process of law. We must now determine whether retroactive application of a companion measure which provides for reimbursement of separate property contributions to community assets absent a signed writing waiving such reimbursement produces the same unconstitutional result. We conclude that it does.