| | 1. Divorce Source: Gifts, Loans and Divorce in New Jersey
No. N.J.S.A. 2A:34-23 specifically excludes from equitable distribution all gifts received by either spouse from a third party. The third party is in most instances are the parties parents. However, it is important to note that interspousal gifts are subject to equitable distribution. The burden of
...
100.0%
|
| | 2. Divorce Source: Gifts and Loans From Parents in Divorce
No. N.J.S.A. 2A:34-23 specifically excludes from equitable distribution all gifts received by either spouse from a third party. The third party is in most instances are the parties’Äô parents. However, it is important to note that interspousal gifts are subject to equitable distribution. The burden
...
96.0%
|
 | 3. Divorce Source: GIFTS OF MARITAL PROPERTY TO CHILDREN
(©1997) Certificates of deposit which were acquired with marital property in the name of the husband and his daughter from another marriage were not proven to be gifts to the daughter so as to be excluded from
...
92.0%
 |
| | 4. Divorce Source: GIFTS FROM THIRD PARTIES
(©1996) Many states exclude property acquired by gift from a third party from the marital estate, because gifts are not earned by the efforts of the marital partnership. This deceptively simple rule can be
...
92.0%
|
| | 5. Divorce Source: Cases of Interest: Gifts
Case law and analysis of divorce cases related to gifts. Visit Other Cases of Interest
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88.0%
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| | 6. Divorce Source: MARITAL GIFTS - STOCK
(©1999) Prior to the marriage, the husband received two gifts of stock from his father, who owned the corporation issuing the stock. The husband was employed by the corporation. The stock sold in 1985, and the husband placed some of the proceeds of the sale in a joint account with the wife.
...
88.0%
|
| | 7. Divorce Source: GIFTS AND MARITAL DEBT
(©1999) A gift to both spouses is presumed to be marital property; however, marital debt is not marital property. The mere erroneous declaration by the trial court of what is marital property does not require a reversal where the divorce decree is otherwise fair.
...
68.0%
|
| | 8. Divorce Source: GIFTS OF THE MARITAL ESTATE
The couple was married in 1966 and were divorced in 1999. No children were born of the marriage. At the time of the dissolution of the marriage, the husband was 96 years old and the wife was 83 years old. Both the husband and the wife had retired from their jobs in the mid-1970s, although the husban
...
60.0%
|
| | 9. Divorce Source: INTERSPOUSAL GIFTS AND ENHANCEMENT OF VALUE
The couple then moved into the mother
...
60.0%
|
| | 10. Divorce Source: INTERSPOUSAL GIFTS
(©1999) The wife then argued that this vested title to her by gift, thereby removing it as a marital asset subject to equitable distribution. The court of appeals disagreed, holding that interspousal transfers of marital property during the marriage may not be used to support a claim that the transfer was
...
60.0%
|
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