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The Research Center
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         | 11. Divorce Source: THIS DIAMOND RING DOESN'T SHINE FOR ME ANYMORE - WHO IS ENTITLED TO POSSESSION OF ENGAGEMENT PRESENTS WHEN NO MARRIAGE OCCURS
Throughout history, engagement rings have been exchanged to symbolize a future promise to marry. However, not all relationships are meant to be and not all engagements ultimately lead to the altar. After the inevitable breakup, matches once made in heaven must then be litigated on earth.
... 5.9%
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         | 12. Divorce Source: Property Division/Fringe Benefits of Employment/Mortgage Subsidy Contract:
During the marriage, the wife agreed to relocate to California in connection with her employment. To induce her to make the move, the employer offered her a relocation package. Among the benefits in the package was a monthly mortgage subsidy.
... 5.9%
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         | 13. Divorce Source: UPDATE: DETERMINING THE DATE OF VALUATION UNDER THE EQUITABLE DISTRIBUTION LAW OF SOUTH CAROLINA
But the South Carolina statute has been construed in a way which its language might not immediately suggest. An early South Carolina decision, rendered the year after the statute was enacted, suggests that the courts are unwilling to require valuation on the date of filing in all cases
... 5.9%
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         | 14. Divorce Source: Property Division/Valuation/Reliance upon Independent Expert:
Courts in most states are permitted to appoint independent experts to value businesses for purposes of divorce. In a case where funds to retain an expert are limited, use of an independent expert can be advantageous to both parties.
... 5.9%
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         | 15. Divorce Source: Property Division/Date of Valuation/Hybrid Appreciation After Separation:
When marital or community property changes in value after the date of separation, the court must determine whether to value the property before or after the change occurred. The general rule is that the change is separate, and an earlier valuation date should therefore be used when the change resul
... 5.9%
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         | 16. Divorce Source: Property Division/Valuation/Retail vs. Trade-In Value:
The trial court valued the husbands car at the amount it could likely be sold for on the open retail market. The husband appealed, arguing that the court should have used the much lower value as a trade-in when purchasing a new car.
... 5.9%
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         | 17. Divorce Source: Property Division/Future Severance Pay:
At the time of divorce, the husband was vice-president of a large company. He signed a contract with his employer, stating that he would receive severance pay equal to three years of salary if he lost employment as a result of a future change in control of the company. There was no suggestion that s
... 5.9%
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         | 18. Divorce Source: Property Division/Reopening/Fraud:
The trial court held, and the appellate court affirmed, that the wife had intentionally concealed her lottery winnings prior to the divorce and that her conduct constituted fraud. The court reopened the decree and awarded all of the winnings to the husband under a specific California statute awardin
... 5.9%
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         | 19. Divorce Source: Property Division/Third-Party Property/Alter Ego:
During the divorce, the wife filed suit against the numerous companies, seeking to pierce the corporate veil and reach their assets for distribution as part of the community estate. The trial court found that most of the companies were the alter ego of the husband.
... 5.9%
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         | 20. Divorce Source: Property Division/Reopening Judgment/Tort Damages/Fraud
The wife sought to vacate a judgment of dissolution as well as damages for fraud and conversion, based on the husbands obtaining an entry of judgment through fraud and conversion. The court held that when the husband willfully concealed certain community and separate assets, he was guilty of fraud,
... 5.9%
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