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Cases of Interest: Washington D.C.
© National Legal Research Group, Inc.
Classification of Assets (full category)DISTRICT OF COLUMBIA: Lewis v. Lewis, 708 A.2d 249 (D.C. 1998).
The proceeds of a settlement for the wrongful death of the wife's child by a prior union were her separate property.
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Debts (full category)DISTRICT OF COLUMBIA: Bernard v. Bernard, 730 A.2d 663 (D.C. 1999).
The trial court's failure to mention the husband's substantial individual tax liability required remand for consideration of what effect the debt should have on the distribution of marital property and debts.
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Discovery (full category)DISTRICT OF COLUMBIA: McDiarmid v. McDiarmid, 649 A.2d 810 (D.C. 1994).
The good will of a law practice acquired during a marriage is marital property, but good will could not be included in the value of the husband's law partnership interest because the governing partnership agreement would preclude him from realizing a share of the firm's good will if he terminated his employment or sold his partnership interest.
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Dissipation of Assets (full category)DISTRICT OF COLUMBIA: Herron v. Johnson, 714 A.2d 783 (D.C. 1998).
A trial court which finds that marital property was dissipated must distribute the property even if it no longer exists because it has been wholly dissipated.
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Goodwill (full category)DISTRICT OF COLUMBIA: McDiarmid v. McDiarmid, 649 A.2d 810 (D.C. 1994).
The good will of a law practice acquired during a marriage is marital property, but good will could not be included in the value of the husband's law partnership interest because the governing partnership agreement would preclude him from realizing a share of the firm's good will if he terminated his employment or sold his partnership interest.
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Marital Home (full category)DISTRICT OF COLUMBIA: McDiarmid v. McDiarmid, 649 A.2d 810 (D.C. 1994).
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 hearing and the trial court's equitable distribution decision.
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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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Military Benefits (full category)DISTRICT OF COLUMBIA: Angulo v. Gochnauer, No. 99-CV-679 (D.C. May 17, 2001).
The issue was the wife's share in her ex-husband's retirement benefits under the Foreign Service Act of 1980.
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DISTRICT OF COLUMBIA: Cox v. Cox, 707 A.2d 1297 (D.C. 1998).
The wife's ignorance of how to secure her share of the husband's military pension benefits did not warrant modification of the parties' divorce decree more than one year after it was entered.
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Postdecree Proceedings (full category)DISTRICT OF COLUMBIA: Cox v. Cox, 707 A.2d 1297 (D.C. 1998).
The wife's ignorance of how to secure her share of the husband's military pension benefits did not warrant modification of the parties' divorce decree more than one year after it was entered.
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Professional Practices (full category)DISTRICT OF COLUMBIA: McDiarmid v. McDiarmid, 649 A.2d 810 (D.C. 1994).
The good will of a law practice acquired during a marriage is marital property, but good will could not be included in the value of the husband's law partnership interest because the governing partnership agreement would preclude him from realizing a share of the firm's good will if he terminated his employment or sold his partnership interest.
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Tax Consequences (full category)DISTRICT OF COLUMBIA: Bernard v. Bernard, 730 A.2d 663 (D.C. 1999).
The trial court's failure to mention the husband's substantial individual tax liability required remand for consideration of what effect the debt should have on the distribution of marital property and debts.
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Third Parties (full category)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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Torts (full category)DISTRICT OF COLUMBIA: Lewis v. Lewis, 708 A.2d 249 (D.C. 1998).
The proceeds of a settlement for the wrongful death of the wife's child by a prior union were her separate property.
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Valuation of Property (full category)DISTRICT OF COLUMBIA: McDiarmid v. McDiarmid, 649 A.2d 810 (D.C. 1994).
The good will of a law practice acquired during a marriage is marital property, but good will could not be included in the value of the husband's law partnership interest because the governing partnership agreement would preclude him from realizing a share of the firm's good will if he terminated his employment or sold his partnership interest.
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