What is the test for making a finding of fact in a motion for community property?

California, United States of America


The following excerpt is from Marriage of Carter, In re, 19 Cal.App.3d 479, 97 Cal.Rptr. 274 (Cal. App. 1971):

Findings of fact are required only upon trial of a question of fact. (Code Civ.Proc. 632; Robinson v. Robinson (1962) 208 Cal.App.2d 213, 217, 25 Cal.Rptr. 143.) This section assumes that evidence will be introduced on issues raised by the pleadings. However, where the issue is withdrawn and no such evidence is introduced, no finding is necessary. (Robinson v. Robinson, Supra, at p. 217, 25 Cal.Rptr. 143.) The stipulation in question amounted to a withdrawal (Robinson v. Robinson, Supra, at p. 217, 25 Cal.Rptr. 143,) of the community property issue, thus relieving the court of the duty of making findings.

Other Questions


Can a property owner recover attorney fees if the court finds the County Board failed to make requested findings? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for splitting the community property and the quasi-community property in a divorce action? (California, United States of America)
Is a motion to quash a finding that a determination of the merits of the complaint is not within the scope of the issues raised on the motion? (California, United States of America)
When a husband uses community funds to increase his separate estate, does the community have to participate in the increase in equity in the husband's property? (California, United States of America)
In reviewing a denial of suppression motion, what is the effect of the finding of reasonableness of the officer's conduct in denying suppression motion? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
Does the common law presumption regarding form of title conflict with the statutory presumption that property acquired during the marriage is community property? (California, United States of America)
What is the consequence of defendant's failure to make a timely and specific objection on an objection to a motion of motion? (California, United States of America)
When a city acquires a water system from a community owned by another community, does it have an obligation to continue providing water to all of the other community's residents? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.