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You Are Here: Division of Property
        Restricted81. Divorce Source: MILITARY DISABILITY RETIREMENT PAY
The husband alleged that he was released from active duty from the Marine Corps by reason of permanent physical disability and that, therefore, his retirement pay is permanent disability retirement pay. The trial court denied the husband ...
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        Restricted82. Divorce Source: UNEQUAL DISTRIBUTION OF REAL PROPERTY
The husband in this case claimed that he was entitled to one-half of the proceeds from the sale of real estate that he had given to the wife. The husband filed the dissolution action, but long before that he conveyed his interest in the real property to the wife via a quitclaim deed. ...
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        Restricted83. Divorce Source: EQUITABLE DISTRIBUTION CONTRIBUTIONS AND CONDUCT OF THE PARTIES
Property division does not need to be equal to be equitable, but a substantial disparity must be explained. Here, the disparity was explained by the contributions of the wife and the conduct of the husband. ...
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        Restricted84. Divorce Source: 'ONE POT' THEORY VESTED REMAINDER
The couple here were married from 1961 to 1976. They remarried in 1977 and were finally divorced in 1997. The husband was disabled and received a monthly disability check, while the wife worked as a store clerk. ...
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        Restricted85. Divorce Source: DIVISION OF HOUSEHOLD GOODS PRIVATE AGREEMENTS
The equitable division of marital property requires the trial court to determine the value of the properties to be divided. . . . The failure of a trial court to determine the value of the properties it divides is reversible error. ...
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        Restricted86. Divorce Source: SHARE OF MARITAL ASSETS RESIGNATION OF EMPLOYMENT, DISSIPATION OF MARITAL ASSETS, SOCIAL SECURITY WIDOW'S BENEFITS
(�1999) The wife was entitled to a greater share of the marital assets on the grounds that she had resigned full-time employment and that the husband had dissipated the marital assets during the course of the marriage. The value of Social Security widow ...
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        Restricted87. Divorce Source: DIVISION OF MARITAL ASSETS
(�1999) A finding that the funds used to purchase and improve real estate were derived from the wifes assets without significant contribution from the husband was sufficient to support the awarding of all real estate to the wife. ...
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        Restricted88. Divorce Source: GIFT OR INHERITANCE?
(�1999) Despite conveying the property by quitclaim, the mother continued to pay the mortgage, taxes, insurance, and utilities on the property until her death in 1994. After the mothers death, the husband and the wife assumed responsibility for the payments associated with the marital residence. ...
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        Restricted89. Divorce Source: CREDIT CARD DEBT
(�1999) The husband continued to pay the mortgage on the marital home and to pay for other household expenses. On the advice of her attorney, the wife moved back into the home in September 1997, until the filing of the petition for dissolution. ...
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        Restricted90. Divorce Source: DEFERRED SALE OF MARITAL HOME
(�1998) Where the parties property settlement agreement provided for equal division of the proceeds from sale of the marital home but did not address the timing of the sale, it was not error to order the wife ...
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