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Cases of Interest: Maryland
© National Legal Research Group, Inc.
Agreements (full category)
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MARYLAND: Golden v. Golden, 116 Md. App. 190, 695 A.2d 1231 (1997).
The parties' alleged oral agreement that their property would remain separate during marriage did not contain the degree of specificity required to exclude property acquired during marriage from the marital estate.
Read More About This CaseAppeal (full category)
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MARYLAND: Dietz v. Dietz, 351 Md. 683, 720 A.2d 298 (1998).
The "acquiescence" rule, which limits the right to appeal by a party who has taken a position inconsistent with the right of appeal, does not apply where the appellee does not contest an undisputed minimum part of the judgment and the appellant seeks only to increase the amount awarded.
Read More About This CaseMARYLAND: Dietz v. Dietz, 117 Md. App. 724, 701 A.2d 1144 (1997).
If a spouse knowingly and voluntarily accepts any of the benefits of a monetary award under a judgment of divorce, such acceptance constitutes a waiver of any errors in the judgment and bars that party from maintaining an appeal.
Read More About This CaseAppreciation of Assets (full category)
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MARYLAND: Jandorf v. Jandorf, ___ Md. App. ___, 641 A.2d 971 (1994).
The marital and nonmarital portions of an asset's present value should be in the same proportion as the value of the marital and nonmarital contributions to the property.
Read More About This CaseClassification of Assets (full category)
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MARYLAND: Jandorf v. Jandorf, ___ Md. App. ___, 641 A.2d 971 (1994).
Trial court must determine what personal property items are marital, and then value and distribute these assets, rather than simply ordering them to be sold.
Read More About This CaseDebts (full category)
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MARYLAND: Freedenburg v. Freedenburg, 123 Md. App. 729, 720 A.2d 948 (1998).
A loan borrowed from a life insurance policy owned by the husband's solely owned professional company was not a marital debt since the loan was akin to an advance payment; but money borrowed against a son's life insurance policies was a marital debt since the money had to be repaid.
Read More About This CaseDissipation of Assets (full category)
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MARYLAND: Jeffcoat v. Jeffcoat, ___ Md. App. ___, 649 A.2d 1137 (1994).
The trial court may find dissipation of assets by a preponderance of the evidence; clear and convincing evidence is not required.
Read More About This CaseDivision of Property (full category)
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MARYLAND: Jandorf v. Jandorf, ___ Md. App. ___, 641 A.2d 971 (1994).
Trial court must determine what personal property items are marital, and then value and distribute these assets, rather than simply ordering them to be sold.
Read More About This CaseGoodwill (full category)
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MARYLAND: Strauss v. Strauss, 101 Md. App. 490, 647 A.2d 818 (1994).
Reliance on testimony of the wife's expert regarding the value of good will for the husband's oral surgery practice was error, because the expert did not isolate the personal components of the good will value of the practice.
Read More About This CaseIncome (full category)
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MARYLAND: Long v. Long, No. 1844 (Md. Ct. Spec. App. Nov. 29, 2001).
The Maryland Court of Special Appeals just made it easier to hide income by holding that a court may not impute income by drawing an adverse inference against a party who pleads the Fifth Amendment with regard to questions about income, without independent corroborating evidence.
Read More About This CaseJurisdiction (full category)
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MARYLAND: Eckard v. Eckard, 333 Md. 531, 636 A.2d 455 (1994).
A Maryland court had jurisdiction to direct the wife to execute a power of attorney authorizing the husband to execute documents necessary for the sale of realty in Florida.
Read More About This CaseProfessional Practices (full category)
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MARYLAND: Strauss v. Strauss, 101 Md. App. 490, 647 A.2d 818 (1994).
Reliance on testimony of the wife's expert regarding the value of good will for the husband's oral surgery practice was error, because the expert did not isolate the personal components of the good will value of the practice.
Read More About This CaseSurvivor Benefits (full category)
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MARYLAND: Caldwell v. Caldwell, 103 Md. App. 452, 653 A.2d 994 (1995).
A federal civil service employee's spouse may be awarded the maximum survivor annuity benefit available when the employee dies, not merely the marital portion of the benefit.
Read More About This CaseValuation of Property (full category)
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MARYLAND: Strauss v. Strauss, 101 Md. App. 490, 647 A.2d 818 (1994).
Reliance on testimony of the wife's expert regarding the value of good will for the husband's oral surgery practice was error, because the expert did not isolate the personal components of the good will value of the practice.
Read More About This CaseWorker's Compensation (full category)
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MARYLAND: Lowery v. Lowery, 113 Md. App. 423, 688 A.2d 65 (1997).
Although the husband's injury underlying his workers' compensation settlement occurred before the parties' marriage, the award should be classified as marital property to the extent that it compensated the husband for lost wages or future earning capacity during the marriage or for medical expenses paid out of marital assets.
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