Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

Post title expenditures normally do not buy into title. The improving estate obtains a right to reimbursement. Again, utter confusion reigns. Some courts apply the common law fixtures doctrine and hold that the improvement takes on the character of the property improved. Some courts reject the fixtures doctrine outright. Others allow a buy in to title to occur. Still others preface a buy in determination with a predetermination of whether the expenditures were not great in comparison to the value of the realty to determine if a buy in is warranted.

The improvement doctrine involves both tangible and intangible expenditures on property. Sums paid for major upkeep as well as taxes are relevant. Mortgage payments also come within the improvement doctrine. But again, confusion reigns because in purchase money mortgages some courts treat the principal portion of the payment as buying into title relying on the pro rata share apportionment rules. This confusion was eliminated by Section 2640 of the California Family Code in 1983. If the title is held in most forms of co-ownership by a married couple, the remedy is reimbursement to the separate estate without interest not to exceed the value of the property at ...

Register or login to access full content