Divorce Source: Classification of Assets

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	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 ... 100.0%
	2. Divorce Source: CLASSIFYING THE RETAINED EARNINGS OF A SEPARATE PROPERTY BUSINESS AS MARITAL PROPERTY There are, in general, two different ways in which an old asset can generate new value. First, the old asset may increase in worth, creating new value in the form of appreciation. Second, the old asset may be used to generate a new asset, creating new value in the form of income. ... 5.9%
	3. Divorce Source: THE EFFECT OF INTERSPOUSAL TRANSFERS UPON CLASSIFICATION OF SEPARATE PROPERTY: A 2003 UPDATE Few areas of property division law are as difficult as determining the consequences of an interspousal conveyance of separate property. Depending upon the facts, such a conveyance can be a transfer by contract, a gift, or a mere change in legal title. The law applicable to each of these three types ... 5.9%
	4. Divorce Source: A SHORT OVERVIEW OF NATIONWIDE CASE LAW ON CLASSIFICATION OF THE MARITAL HOME One of the most common types of property involved in divorce cases is the marital home. While some divorcing couples live in a rental property or in a home owned by third parties, the great majority of all parties live in their own residence. Because division of the marital home is such a common iss ... 5.9%
	5. Divorce Source: CLASSIFYING AND VALUING THE GOODWILL OF A FRANCHISE BUSINESS IN A DIVORCE CASE The goodwill of a business is most simply defined as the difference between the total value of the business as an ongoing concern and the total value of the businesss tangible assets. ... 5.9%
	6. Divorce Source: Equitable Distribution/Classification of Property/Future Book Royalties During the parties marriage, wife co-authored five books. Her contract with her publisher provided her with book royalties upon sales of the books. The trial court refused to classify the future royalties as marital property because of their speculative nature. ... 5.9%
	7. Divorce Source: CLASSIFICATION OF POSTDIVORCE INCREASES IN RETIREMENT BENEFITS: REPORTED CASE LAW The first position considered by the courts is the rule that the court can divide only those retirement benefits which exist as of the date of classification. This rule has the benefit of simplicity, as the court can simply value the pension as if the owning spouse retired on that date. ... 5.9%
	8. Divorce Source: THE EFFECT OF INTERSPOUSAL TRANSFERS UPON CLASSIFICATION OF SEPARATE PROPERTY IN DIVORCE CASES When the court must classify property which was conveyed from one spouse to the other during the marriage, it must ask and answer three separate questions. First, the court must determine whether the transaction was a contract. Second, if the transaction was not a contract, the court must determine ... 5.9%
	9. Divorce Source: CLASSIFICATION AND DIVISION OF BUSINESS AND PROFESSIONAL GOODWILL Because the split of authority on goodwill is so sharp and so policy-oriented, many treatments of the issue focus mainly upon the threshold question of whether goodwill should be treated as marital property. Such a focus is of little use to the practitioner whose state has already decided the policy ... 5.9%
	10. Divorce Source: THE EFFECT OF IMPROVEMENTS UPON CLASSIFICATION OF HYBRID PROPERTY IN EQUITABLE DISTRIBUTION CASES A majority of equitable distribution jurisdictions recognize that a single asset can have both marital and separate interests. For example, when a home is acquired by one spouse alone before the marriage, and marital funds are used to make mortgage payments during the marriage ... 5.9%

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