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Cases of Interest: Personal Property
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CONNECTICUT: Wilkes v. Wilkes, ___ Conn. App. ___, 738 A.2d 758 (1999).
A separation agreement regarding the couple's property was fair and equitable when the wife had the opportunity to review the husband's records before the preparation of the agreement, the wife was an attorney with experience in drafting complicated agreements, and the wife was assisted by her mother, a family law attorney.
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MISSISSIPPI: Johnson v. Johnson, 823 So. 2d 1156 (Miss. 2002).
The trial court committed procedural error by failing to justify its division of marital property with specific findings regarding the relevant division factors. It further erred by awarding the wife $35,000 in personal property and the husband only $4,000, based upon the amount of property the husband had taken with him when he left the marital home.
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MISSISSIPPI: Gray v. Gray, 745 So. 2d 234 (Miss. 1999).
The husband was awarded all real property acquired by the couple during the marriage; the wife received a 50% equitable lien on this real property. A judgment of divorce was granted to the wife.
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OHIO: Badovick v. Badovick, 128 Ohio App. 3d 18, 713 N.E.2d 1066 (1999).
The trial court abused its discretion by listing as a marital debt a loan to the wife that took place following the termination of the marriage. In addition, the trial court abused its discretion by awarding the wife jewelry as part of a division of the marital property without first determining the values of that jewelry.
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OHIO: Szerlip v. Szerlip, ___ Ohio App. 3d ___, 718 N.E.2d 473 (1998).
The husband and the wife entered into a private agreement to divide the household goods. This agreement did not prevent the trial court from determining the value of the property to be divided.
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VIRGINIA: Campbell v. Campbell, ___ Va. App. ___, 528 S.E.2d 145 (2000).
The wife filed a post-divorce petition for appointment of a special commissioner to conduct the sale of the property specified in the couple's post-separation stipulation agreement, which was incorporated into their divorce decree.
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