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The Research Center
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Category Matches:
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 | 31. Divorce Source: SALE VERSUS EXCLUSIVE OCCUPANCY OF MARITAL HOME
(�1994) The trial court erred in ordering the immediate sale of the marital residence, where wife needed to occupy it as the custodial parent and she appeared able to maintain the residence herself
...
38.5%
 |
| | 32. Divorce Source: DATE OF VALUATION - FLUCTUATING ASSET VALUES
(�1995) The trial court abused its discretion in failing to revalue the marital home when the husband made a proffer that the home had increased in value substantially during the lengthy period between the
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34.6%
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| | 33. Divorce Source: PROPERTY DIVISION - MAINTENANCE OF HOME
(�1999) The husband was ordered to pay for the upkeep of the marital home until it was sold. The husband contended that this constituted a spousal support order, which could be modified.
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30.8%
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| | 34. Divorce Source: MORTGAGE BALANCE
The husband appealed an equitable distribution judgment awarding an unequal division of the marital estate in his favor. Questions that arose included whether the husband was entitled to a dollar-for-dollar credit of the total sum of monthly mortgage payments that he paid postseparation and whether
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7.7%
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| | 35. Divorce Source: MORTGAGE PAYMENTS
(�1999) Mortgage payoffs must be subtracted from the market value of the marital residence before computing a split in net proceeds from the sale of the residence. The wife is not entitled to additional credit for mortgage payments that were included in the original deductions, however.
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7.7%
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| | 36. Divorce Source: DISSIPATION OF ASSETS
In this case, the couple married in 1973. In October 1998, the wife filed for divorce on the ground of mental cruelty. In November 1999, the trial court entered a judgment that dissolved the marriage and allocated the marital assets and debts.
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3.8%
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| | 37. Divorce Source: INCREASE IN VALUE OF MARITAL RESIDENCE
The marital residence did not become marital property where its increase in value was primarily due to market forces and inflation, but the husband was entitled to one-half of the amount of the actual value added by improvements to the residence.
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3.8%
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| | 38. Divorce Source: APPRECIATION OF MARITAL RESIDENCE
In a divorce judgment dated October 9, 1998, the wife was awarded 25% of the appreciation in the value of the marital residence. The supreme court affirmed this judgment:
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3.8%
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| | 39. Divorce Source: DISSIPATION OF MARITAL ASSETS
(�1999) The trial court refused to put a value on a business owned and operated by the husband and held that the husbands use of income from his business to pay temporary support obligations and his own living expenses was not an improper dissipation of a marital asset. In addition, the trial court did not
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3.8%
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| | 40. Divorce Source: MARITAL RESIDENCE - EXCLUSIVE USE
(�1999) The wife was granted exclusive use and occupancy of the marital residence until emancipation of the couple
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3.8%
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