 | 1. Divorce Source: Cases of Interest: Classification of Assets
Case law and analysis of divorce cases related to classification of assets. Visit Other Cases of Interest
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| | 2. Divorce Source: WHAT IS MARITAL PROPERTY?
Marital property is property, however titled, which is acquired by one or both of the parties during the marriage, up to the date of divorce not the date of separation.
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5.9%
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| | 3. Divorce Source: IS MY BUSINESS MARITAL PROPERTY?
Upon divorce, the Court must determine the fair market value of a spouses business interest, which is what a willing buyer would pay a willing seller, neither being under the compulsion to act and both having reasonable knowledge of all relevant facts.
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5.9%
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| | 4. Divorce Source: EQUITABLE DISTRIBUTION OF LOTTERY WINNINGS
(©1999) Had the wife not chosen to fraudulently conceal her lottery winnings, however, the court would have been faced with an even more difficult decision: how to divide the lottery winnings between the husband and the wife.
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5.9%
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| | 5. Divorce Source: Property Leased Business - Division Stage Financial Need
NORTH DAKOTA - Boehm v. Boehm, 651 N.W.2d 672 N.D. 2002. Where the husband leased a business, but had an option to purchase after the lease was over, the trial court did not err by including the business in the divisible estate. An equal division of the marital home and the wifes retirement benefits
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5.9%
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| | 6. Divorce Source: NONPROFIT RELIGIOUS CORPORATION
In this case, the couple was married in 1972. The husband had been ordained as a minister in 1971 by the Christian Brotherhood, an organization of which the husband was one of the founders. A nonprofit religious corporation was founded in 1978. The wife claimed that the corporation was founded by bo
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5.9%
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| | 7. Divorce Source: CLASSIFICATION AND DIVISION OF PROPERTY ACQUIRED IN A BARGAIN SALE
When most parents decide to give value to their children, they make a simple gift of funds or property. But a few financially sophisticated parents take a different approach. Instead of making an outright gift, they sell real estate or a business to their children at a greatly reduced price.
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5.9%
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| | 8. Divorce Source: CLASSIFICATION UNVESTED STOCK AWARDS
Nonvested stock awards are marital property to the extent they were earned during the marriage. During the marriage means before divorce, and not before separation. The trial court did not err in awarding the wife 60% of the awards, even though the husband earned them.
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5.9%
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| | 9. Divorce Source: PERSONAL INJURY PROCEEDS: APPLYING THE ANALYTICAL APPROACH
The minority rule in dual-classification jurisdictions, and of course the unanimous rule in all-property jurisdictions, is known as the mechanistic approach. Under that approach, personal injury proceeds are always and entirely marital property. Finally, a very small number of states most notably Ne
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5.9%
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| | 10. Divorce Source: MARITAL PROPERTY PROPERTY SWAP
TENNESSEE: Greer v. Greer, No. W2000-02881-COA-R3-CV Tenn. Ct. App. Feb. 22, 2002. The husband appealed the award of the house and property to the wife. The husband claimed that property he obtained, during the marriage, from a property swap with his father and which remained in his title was separ
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