Community Lien on Separate Property, if if Separate Property Value Decreased

by Annette Burns on September 24, 2010

A new (9/23/10) Court of Appeals decision addresses a community lien on separate property real estate, even where the value of the real estate has decreased during the marriage.   
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"When separate property depreciates but positive equity remains, a straightforward application of the logic of Barnett requires the Court to recognize a community lien in an amount  equal to the reduction in principal indebtedness attributed to the community contribution."

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