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The Research Center
|        ||1. Divorce Source: ASSERTING CLAIMS OF SUPPORT AGAINST INTER VIVOS AND TESTAMENTARY TRUSTS |
Before applying any of the general rules for treatment of trusts in support cases, it is first necessary to determine the type of trust document against which a claim for support is to be raised. The classification of the trust plays a crucial role in determining the rights of claimants to rely on t
|        ||2. Divorce Source: Cases of Interest: Trusts|
Case law and analysis of divorce cases related to trusts. Visit Other Cases of Interest
|        ||3. Divorce Source: CHOICE OF LAW - REMAINDER INTEREST IN TRUSTS |
(©1994) The husbands parents, both Massachusetts residents, created an irrevocable spendthrift trust naming the husband and one of his brothers as co-trustees. The trust corpus comprised the parents home
|        ||4. Divorce Source: VALUATION OF A REMAINDER INTEREST IN A TRUST|
Most decedents choose to distribute their estates by means of outright bequests to the objects of their bounty. For a variety of reasons, however, many decedents choose to place all or part of their estate into some form of trust. If the beneficiary is divorced before the trust terminates, the court
|        ||5. Divorce Source: ASSETS CREATED PRIOR TO COMMENCEMENT OF DIVORCE ACTION OFFSHORE TRUST |
The trial court had the authority to determine whether assets used by the husband to create an offshore trust two years before the commencement of the divorce action were subject to equitable distribution.
|        ||6. Divorce Source: IRREVOCABLE TRUST |
(©1999) The assets of an irrevocable trust referenced in the property settlement agreement constituted marital property, and the husband
|        ||7. Divorce Source: AWARD OF MARITAL PROPERTY IN TRUST TO COUPLE'S CHILD |
(©1998) The trial court exceeded its authority by exempting toy soldiers, books, and other military collectibles from the marital estate and awarding them to the husband to be held in trust for the couples
|        ||8. Divorce Source: CONSTRUCTIVE TRUST IMPROVEMENTS TO HOME OWNED BY ONE SPOUSE|
(©1998) The North Carolina Court of Appeals approved the decision to impose a constructive trust. The constructive trust is seen by courts today as a remedial device, to be used wherever specific restitution
|        ||9. Divorce Source: OUT-OF-STATE TRUST FUNDED WITH MARITAL ASSETS |
(©1998) This case strongly backs a spouses right to share in the value of property placed in a trust beyond his or her reach by the other spouse.
|        ||10. Divorce Source: THIRD PARTIES CONSTRUCTIVE TRUST |
(©1998) The North Carolina Court of Appeals began by reiterating the principles announced in an earlier appeal in the case. Both legal and equitable interests are subject to distribution as marital property
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