Cases and Materials on California Community Property Law: Marriage, Property, Code, 11th

Jo Carrillo, UC College of the Law, San Francisco

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Table of Contents

Teacher’s Manual – 10th Edition

Cases and Materials on California Community Property Law: Marriage, Property, Code 11th Edition is different from the 10th edition and all earlier editions in significant ways. First, the substance of the 11th edition is completely updated. Second, the format of the 11th edition is more accessible for adopter and student.

As to substance: 11th edition coverage accurately maps and presents the community property system as a public institution. The relevance of the stand-alone California Family Code is explained and highlighted throughout. The comprehensive Family Code went into effect in 1994 with the aim of governing three broad topics relevant to intimate partners: property, support, and domestic violence prevention. The 11th edition updates, edits, and explains materials with this legal framework in mind.

Additionally, as to substance, the 11th edition supplies new coverage on the following topics. New materials clarify community property rights to demand deposit accounts and to sums on deposit in those accounts. New materials analyze legislative solutions that clarify disclosure duties so as to prevent fraud, coercion, and undue influence. Coverage of intellectual property issues is brought up where relevant. For the first time in the history of the casebook, 11th edition materials introduce students to current legislation on the intersection between community property management and domestic violence prevention. The recent abrogation by the California Legislature of In Re Marriage of Davis and In re Marriage of Norviel is explained. New legislation on date of separation, effective 2017, is provided.

As to format: 11th edition changes make the text substantially more reader-friendly than previous editions. Case facts, holdings, and rationales are clearly presented. Judicial district information is retained in case citations for geographical context. Background information is presented where necessary. Statutes under discussion appear in the text; those statutes are also collected in an appendix. All statutes are current as of January 1, 2017. A statutory derivation is included for each statute so as to succinctly outline its history. Statutes and cases are followed by explanatory notes, as in previous editions; however, 11th edition note headings—when abstracted from the text—also provide the reader with a topic outline. The editorial intent behind all updates and changes is to make the 11th edition accurate, informative, and accessible.

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