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.

If land is acquired by mortgage financing, the title passes immediately to the buyer. Under older cases when land was acquired by mortgage financing, because title passed immediately on purchase, the property was characterized as separate or community at that time. Payments from another estate used to increase equity but did not buy into title. They created a right of reimbursement. Under modern law, the payment on a mortgage is treated as a buy-in of the property when determining pro-rata distribution between estates. Reimbursement is not used. For actual computations:

The first step is to determine the percentage of community payments as applied to principal based on the original purchase price. The percentage of community ownership is determined first as it relates to the entire amount of the original purchase. The balance of the ownership is attributed to the separate estate regardless of cash outlay. This is because that estate is liable on the original promissory note used to secure the mortgage. If the appreciation in value up to marriage is known, it will be added to the separate estate. It will not be added to the pro-rata principal ownership to skew principal ownership percentages. The post marriage ...

Register or login to access full content