Written by attorneys · grounded in primary & secondary sources — see below
An equitable conversion recognized in French law. When property covered by the régime dotal is sold, the purchaser must ensure that the sale proceeds are reinvested for the wife's benefit.
Sources & Authorities· 10 primary sources
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Cases
Statutes
How it applies
Common Examples
6
Public Employee Statement on Property Sale
Elena Estrada, a city clerk, told her supervisor during work hours that a purchaser failed to reinvest proceeds from régime dotal property for the wife's benefit. The supervisor disciplined her for the comment. The discipline stands because the statement occurred as part of official duties.
Due Process Hearing on Reinvestment
Edgar Evers challenged the termination of his interest in sale proceeds without a hearing on whether reinvestment for the wife's benefit had occurred. The agency provided no pre-deprivation process. The court requires a hearing to determine if the equitable conversion duty was satisfied.
Emanuel Escobar alleged that zoning rules blocked a sale of régime dotal property because the buyer would not reinvest proceeds for the wife's benefit. Evidence showed the rules targeted the transaction. The court examines whether the rules were motivated by intent to prevent the required reinvestment.
Arlington Heights, Village of v. Metropolitan Housing Development Corp.429 U.S. 252, 97 S.Ct. 555, 50 L.Ed.2d 450 (1977), on remand 558 F.2d 1283 (7th Cir.1977)
Materiality of Reinvestment Disclosure
Elise Everly bought régime dotal property and later learned the seller had not ensured reinvestment of proceeds for the wife's benefit. The buyer claimed the omission was material to the transaction. The court assesses whether a reasonable purchaser would have viewed the failure as significantly altering the total mix of information.
Basic Inc. v. Levinson485 U.S. [224], at 238 1988
Private Conduct in Property Reinvestment
Erika Echevarria sold régime dotal property and directed reinvestment of proceeds for the wife's benefit without state involvement. A challenge claimed the arrangement violated constitutional protections. The court holds that the private reinvestment decision receives no state-action scrutiny.
Lawrence v. Texas539 U.S. 558 (2003)
Disparate Impact on Reinvestment Rule
Enzo Eastwood showed that a facially neutral rule on property sales produced a disparate impact on régime dotal reinvestments for wives. No evidence of discriminatory purpose existed. The court requires proof of intent before invalidating the rule under equal protection.
Washington v. Davis426 U.S. 229 (1976)
Common questions
Frequently Asked
2
What must a purchaser do when régime dotal property is sold?+
The purchaser must ensure that the sale proceeds are reinvested for the wife's benefit under the doctrine of equitable conversion.
Supporting sources
Does the term apply only to French marital property regimes?+
Yes. The term is limited to the specific reinvestment obligation arising when property subject to the régime dotal is sold.
Supporting sources
272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)Property
…and oil (not exceeding 1,000 gallons storage) and for ice delivery, skating rinks and dance halls, electric substations, job and newspaper printing, public garages for motor vehicles, stables and wagon sheds (not exceeding five horses, wagons or motor trucks) and distributing stations for central store and…
ContractsFormation of contracts · Mutual assent (including offer and acceptance, and unilateral, bilateral, and implied-in-fact contracts)UBEIntermediate