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Cases of Interest: Third Parties
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ALASKA: Jones v. Jones, 942 P.2d 1133 (Alaska 1997).
The trial court unduly sanctioned the husband for his gambling losses when it awarded the wife much more than one-half of the marital property.
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ARIZONA: Gerow v. Covill, ___ Ariz. ___, 960 P.2d 55 (Ct. App. 1998).
The wife was properly recognized as the owner, between the husband and the wife, of one-half of a business incorporated in the name of a third party, where the evidence showed that the husband fraudulently conveyed the goodwill of his sole proprietorship to the business during the parties' dissolution proceedings.
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ARKANSAS: Bradford v. Bradford, ___ Ark. App. ___, 915 S.W.2d 723 (1996).
The parties' son, who claimed an interest in their real property, satisfied the procedural and substantive requirements for intervening in their divorce proceeding.
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DISTRICT OF COLUMBIA: Gore v. Gore, 638 A.2d 672 (D.C. 1994).
Property may be distributed in divorce proceeding even though a third party holds legal title to the property, where the third party has been joined and has been found to hold the title in constructive trust for the spouses.
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FLORIDA: Clinton v. Carver, 675 So. 2d 642 (Fla. DCA 1996).
The husband's parents could not be required to pay attorney's fees to the wife even though they had been joined as parties in the dissolution proceeding and were found to owe money to the wife.
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FLORIDA: Stock v. Stock, 693 So. 2d 1080 (Fla. Dist. Ct. App. 1997).
The wife's transfer of real property to her mother did not involve intentional misconduct so as to constitute dissipation of a marital asset.
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FLORIDA: Siravo v. Siravo, 693 So. 2d 676 (Fla. Dist. Ct. App. 1997).
The husband's dissipation of his business and its inventory did not justify stripping him of a proportionate share of the parties' marital assets, where the trial court dealt with his misconduct by awarding alimony based on imputed income and could impose other sanctions.
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GEORGIA: Villenueve v. Richbourg, ___ Ga. App. ___, 457 S.E.2d 821 (1995).
When the child's parents were divorced in 1984, custody was awarded to a third party, the child's paternal great-grandmother. The court made no express finding that the parents were unfit.
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ILLINOIS: In re Marriage of Heinze, ___ Ill. App. 3d ___, 631 N.E.2d 728 (1994).
The parties' marital estate included the amount of funds which the husband withdrew during separation and transferred to his mother as repayment of a supposed loan.
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ILLINOIS: Wood v. Wood, ___ Ill. App. 3d ___, 672 N.E.2d 385 (1996).
As titleholder of the marital home, the husband had the right to transfer it to his parents before or during the marriage, whatever his motives, but his parents were bound by an order of protection granting the wife exclusive possession of the home.
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IOWA: In re Marriage of Burgess, 568 N.W.2d 827 (Iowa Ct. App. 1997).
The depletion of marital assets by a spouse to satisfy court-ordered obligations from a prior marriage does not constitute dissipation and is not a relevant factor to consider when dividing property.
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MISSOURI: Francka v. Francka, 951 S.W.2d 685 (Mo. Ct. App. 1997).
The husband was properly ordered to repay the wife for funds that he intentionally dissipated in anticipation of the dissolution action, despite his claim that he used the money for living expenses.
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MISSOURI: Morris v. Morris, 951 S.W.2d 739 (Mo. Ct. App. 1997).
Where the husband paid $75,000 to his brother for an alleged loan repayment, and immediately thereafter his brother purchased a duplex, the husband could be credited with having received $75,000 in marital assets regardless of whether he actually owned the duplex.
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NEW JERSEY: REM v. SLV (Ocean County, N.J., Super. Ct., Ch. Div., Nov. 2, 1998).
The general rule is that a former homosexual or lesbian cohabitant was barred from seeking custody visitation with the former cohabitant's child. This rule has been affirmed in a number of cases.
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NEW YORK: Wurtzel v. Wurtzel, ___ A.D.2d ___, 642 N.Y.S.2d 967 (1996).
The husband was not entitled to broad disclosure from a company owned by the wife's father, where the wife was a mere employee of the company and did not own any interest in it, the husband had failed to first obtain discovery from the wife, and the husband had failed to establish the existence of special circumstances justifying disclosure from nonparty witnesses.
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NORTH CAROLINA: Strother v. Strother, ___ N.C. App. ___, 462 S.E.2d 542 (1995).
An out-of-state individual who provided financial, investment, and tax advice to the husband and wife was subject to personal jurisdiction in North Carolina, as was another individual who purported to be a director, officer, and controlling shareholder of a corporation which conducted all its business in North Carolina and allegedly constituted a marital asset.
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NORTH CAROLINA: Coston v. Coston, 109 N.C. App. 306, 426 S.E.2d 460 (1993).
Trial court's order that husband obtain a release from his parents of their right of first refusal on his home was proper, even though husband's parents were not parties to the proceedings.
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NORTH CAROLINA: Weatherford v. Keenan, ___ N.C. App. ___, 493 S.E.2d 812 (1997).
The trial court did not err in imposing a constructive trust on improvements to the marital home, which the husband inherited from his parents after the parties' separation and before the divorce.
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NORTH CAROLINA: Upchurch v. Upchurch, ___ N.C. App. ___, 495 S.E.2d 738 (1998).
Clear and convincing evidence supported the trial court's finding that assets held by the parties' son should be subjected to a constructive trust for the benefit of the marital estate.
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NORTH CAROLINA: Wornom v. Wornom, ___ N.C. App. ___, 485 S.E.2d 856 (1997).
The wife's secret withdrawal of funds from the parties' business before the parties' separation constituted dissipation of assets.
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NORTH CAROLINA: Crisp v. Crisp, ___ N.C. App. ___, 486 S.E.2d 485 (1997).
A tract of land deeded to both parties during the marriage by the husband's parents was properly classified as marital property in view of evidence that the parents intended to make a gift to the marital estate.
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NORTH DAKOTA: Selland v. Selland, 519 N.W.2d 21 (N.D. 1994).
The husband's complaint seeking money damages from domestic violence advocates who had assisted the wife could not be joined in the parties' divorce proceeding.
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OHIO: Koval v. Koval, ___ Ohio App. 3d ___, 716 N.E.2d 1217 (1999).
The mother of the wife was a necessary party to the divorce action where some marital assets were held jointly by the wife and her mother.
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OHIO: Huener v. Huener, 110 Ohio App. 3d 322, 674 N.E.2d 389 (1996).
The trial court abused its discretion by attempting to divest the husband's parents of their legal title to the marital residence without joining them as parties.
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OREGON: In re Marriage of Landsem, 144 Or. App. 555, 927 P.2d 625 (1996).
Funds that the wife received from her mother during separation should have been treated as a gift rather than as a marital debt.
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PENNSYLVANIA: Bolze v. Bolze, 427 Pa. Super. 599, 629 A.2d 1031 (1993).
Improvements that husband and wife made to marital home titled in name of husband's parents did not create a marital interest in the home.
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SOUTH CAROLINA: Hough v. Hough, ___ S.C. ___, 440 S.E.2d 387 (Ct. App. 1993).
Evidence supported trial court's finding that marital home, although titled in name of husband's mother, was marital property.
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UTAH: Finlayson v. Finlayson, 874 P.2d 843 (Utah Ct. App. 1994).
The trial court should equally distribute marital funds which the husband withdrew during separation, even though he used the funds to repay a marital debt to his mother.
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WISCONSIN: In re Marriage of Zabel, ___ Wis. 2d ___, 565 N.W.2d 240 (Ct. App. 1997).
Joinder of the husband's mother in the parties' divorce action was proper under the statute on joinder of persons needed for a just and complete adjudication, where the wife claimed that real estate titled in the mother's name was marital property. The wife in this divorce case filed a third-party complaint alleging that realty titled in the mother's name was marital property. The wife alleged that the husband used marital assets to purchase the property, to pay for building and maintaining a home on the property, and to pay the taxes on the property. The wife sought to enjoin the mother from disposing of the proceeds of a pending sale of the property and to rescind the deed as a sham transaction, along with a fair and equitable share of the property's value. The mother appealed from an order denying her motion to dismiss the wife's third-party complaint.
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WYOMING: Nielson v. Thompson, 982 P.2d 709 (Wyo. 1999).
Judgment creditors of the husband had no right to intervene in the divorce action to ensure that he would receive enough assets against which the creditors might execute.
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VIRGINIA: Rowe v. Rowe, No. 0843-96-2 (Va. Ct. App. Feb. 4, 1997).
The husband and his brother jointly operated a newspaper business in Fredericksburg, Virginia. The newspaper was separate property, but the husband's interest increased in value during the marriage.
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