Family Law
Family Law News Issue 1, 2014, Volume 36, No. 1
Content
- Case and Legislation Highlights: the Year in Review
- Continuing the Conversation...
- Davis, Fonstein, Epstein & Irc §1041—a History of "Immediate and Specific"
- Family Law Section Executive Committee
- In this Issue:
- Individual Retirement Accounts—Where Do Ira's Fit in the Judgment Protocol under Family Code §2337?
- Masthead
- Message from the Chair
- Message from the Editor
- Question Posed to Authors Bill Eddy and Judge Román Regarding Budget Issues in our Family Courts
- Sb 274: the Law and Multi-Parent Families
- Standing Chairs and Designated Recipients of Legislation
- Understanding Van Camp and Pereira: Apportionment of Separate versus Community Property
Understanding Van Camp and Pereira: Apportionment of Separate versus Community Property
Marc Kaplan
Editor, Naghmeh Bashar, requested an article on Van Camp and Pereira apportionment, having sat through one of my prior seminars given to Specialist Candidates before the exam.
The following is a very easy to understand explanation of the Van Camp and Pereira apportionment cases, and an overview of other important apportionment issues from a practical viewpoint.
When a Separate Property business appreciates during the Marriage from the efforts of either party, one must apportion the appreciation between the Separate Property and the Community Property efforts. Typically this means utilizing the "Van Camp" formula or the "Pereira" formula, each named for two very old but relevant cases.