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.

Terminable Interest Doctrine: Under the terminable interest doctrine, a community pension earned by H and awarded to W would terminate at W’s death. W was simply deprived of her testamentary power over the pension benefits she was awarded on divorce. The doctrine has been abrogated by California Family Code Section 2610 and W has testamentary power of the pension benefits if H remains alive. However, E.R.I.S.A. has resurrected the doctrine through federal preemption and if the pension is subject to E.R.I.S.A. W will not be able to bequeath any interest in the pension.


Education Degrees and Professional Licenses: By statutory law, college degrees and licenses are not capable of community ownership. They may be considered property for some purposes. At divorce, the community is entitled to reimbursement for community funds used to educate or train a spouse. Interest is payable on the sums reimbursed. If the community has substantially benefited from the education, no reimbursement is available. The courts use 10-years as the presumption point. If the education was less than 10-years ago, they presume there has been no benefit, and if over 10-years ago, they presume the community benefited. Unpaid education loans are the separate debt of ...

Register or login to access full content



Professors
Professionals
Students