| | 1. Divorce Source: 'Kicking Out' Your Spouse from the Marital Home
A very common question that I receive is whether one spouse can request that the court bar the other spouse from the marital home. In most cases a spouse can only be barred from the marital home if there is a restraining order entered against him or her. However, there are many family law scenarios
...
100.0%
|
 | 2. Divorce Source: SAVING MARITAL HOME FROM FORECLOSURE
(©1994) The fact that the wife single-handedly rescued the marital home from foreclosure supported the courts conclusion that she should be awarded all the equity in the marital home
...
96.3%
 |
| | 3. Divorce Source: 'TEMPORARY' OCCUPATION OF MARITAL HOME IN LIEU OF DISTRIBUTION FROM PENSION PLAN
The temporary award of the marital home to the wife was an abuse of discretion. The marriage in this case lasted less than two years and produced one child. The judgment of marital dissolution awarded the wife the exclusive use and occupancy of the marital home until the child is expected to enter p
...
88.9%
|
| | 4. Divorce Source: New Jersey Divorce and the Marital Home
The marital home is in most cases the family
...
70.4%
|
| | 5. Divorce Source: MARITAL HOME AND NONMARITAL ASSETS
The wife was not entitled to a greater interest in the marital home based on her contribution of nonmarital assets, since the trial court found no special equity arising from the nonmarital contributions. In this case, the trial court had found that the wife had contributed significantly more nonmar
...
70.4%
|
| | 6. Divorce Source: DISTRIBUTION OF THE MARITAL HOME
(©1996) Distribution of the marital home often poses special problems in the process of marriage dissolution. For many couples, their home is their largest asset, so selling it at the time of the dissolution
...
66.7%
|
| | 7. Divorce Source: MARITAL HOME
The husband challenged the distribution of the marital assets. He claimed that because he purchased the marital home with his premarital assets the lower court should have given him a special equity in the home. Section 61.0755a5, Florida Statutes 1997, creates a presumption that any real property
...
66.7%
|
| | 8. Divorce Source: MARITAL HOME - EXCLUSIVE USE AND POSSESSION
(©1999) The trial court awarded the husband exclusive use of the marital home without providing that the possession would terminate upon remarriage. The court of appeal held that this was error.
...
66.7%
|
| | 9. Divorce Source: MARITAL HOME - COST OF REPAIR AND SALE
(©1999) While the trial court found that the marital home required substantial repairs before it could be sold, it failed to take into account the cost of these repairs when deciding upon the couple
...
66.7%
|
| | 10. Divorce Source: DISTRIBUTION OF MARITAL HOME
(©1997) The marital home should have been sold immediately rather than delaying the sale until the parties child reached age 21, because it was the only valuable marital asset
...
66.7%
|
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