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The Research Center
|        ||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
|        ||2. 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.
|        ||3. 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
|        ||4. 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
|        ||5. 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.
|        ||6. 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.
|        ||7. 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
|        ||8. 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
|        ||9. Divorce Source: MARITAL PROPERTY MARITAL RESIDENCE, CHILD SUPPORT JUDGMENT|
INDIANA: Miller v. Miller, No. 34D02-0004-DR-244 Ind. Ct. App. Feb. 22, 2002. The wife claimed that the court abused its discretion in its valuation of the marital residence by failing to consider that the wife brought this asset into the marriage. In addition, the wife claimed that the trial court
|        ||10. Divorce Source: MARITAL PROPERTY EARLY RETIREMENT BENEFIT, CHILD SUPPORT JUDGMENT|
INDIANA: In re Marriage of Elkins, No. 09A05-0103-CV-126 Ind. Ct. App. Feb. 25, 2002. The wife claimed that the trial court abused its discretion by including her early retirement benefit as a divisible marital asset and by including in the marital estate a child support arrearage owed to her by her
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