In California, are Epstein credits mandatory reimbursement claims against the community property for the payment of a community

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In California, are Epstein credits mandatory reimbursement claims against the community property for the payment of a community debt with separate assets? What is the law or authority that specify that Epstein credits are mandatory reimbursements?

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3
Thomas Kelly ·
I am re-posting this question in the divorce section of . You will get far more precise and helpful question from the attorneys in that forum who specialize in this area of the law.
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David Yomtov ·
It depends upon what you mean by "mandatory." The court is empowered to divide all community property assets and confirm separate property to its owner. Since the essence of an Epstein credit is that one party, post-separation, paid off community debts, then the reimbursement is intended to "make them whole" and even out the division of assets and debts. If the parties do not wish to take Epstein credits into account, the court is not going to force the issue, thus it is not "mandatory" in that sense. However, if one party sufficiently substantiates a claim, with credible evidence, then the court will give them that credit.
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Gregory Benton ·
The word "mandatory" is the problematic word in your posting. No, they aren't mandatory, The parties can waive them for the simplicity of settlement.
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