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Cases of Interest: New Hampshire
© National Legal Research Group, Inc.
Classification of Assets (full category)
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NEW HAMPSHIRE: Flaherty v. Flaherty, ___ N.H. ___, 638 A.2d 1254 (1994).
A New Hampshire court hearing a divorce action correctly applied New Hampshire law which respected the trust document's election of Massachusetts law; Massachusetts law, in turn, dictated that a beneficiary's remainder interest in a trust could be included in the marital estate.
Read More About This CaseCohabitation (full category)
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NEW HAMPSHIRE: In re Crowe, ___ N.H. ___, 804 A.2d 455 (2002).
Husband and wife were married in 1997 after living together since 1992. A child was born in 1996. While the parties were living together prior to their marriage, the husband purchased 40 acres of land upon which he built an 8-room log home. The husband provided the sole financing for the home and played a significant role in the actual construction.
Read More About This CaseConflict of Laws (full category)
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NEW HAMPSHIRE: Flaherty v. Flaherty, ___ N.H. ___, 638 A.2d 1254 (1994).
A New Hampshire court hearing a divorce action correctly applied New Hampshire law which respected the trust document's election of Massachusetts law; Massachusetts law, in turn, dictated that a beneficiary's remainder interest in a trust could be included in the marital estate.
Read More About This CaseCriminal Offenses (full category)
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NEW HAMPSHIRE: DeMauro v. DeMauro, ___ N.H. ___, 712 A.2d 623 (1998).
The husband properly asserted the privilege against self-incrimination in response to the wife's questions regarding his finances and business activities during the parties' 20-year marriage, because his answers could be a link in the chain necessary to prosecute him for racketeering offenses.
Read More About This CaseDivision (full category)
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NEW HAMPSHIRE: In re Crowe, ___ N.H. ___, 804 A.2d 455 (2002).
The trial court did not err in awarding the wife 25% of the parties' property after a marriage of only two years. The parties had a child, and the interests of the child made it appropriate that the wife not work, so that she had substantial financial needs.
Read More About This CaseNEW HAMPSHIRE: In re Preston, No. 99-536 (N.H. Oct. 3, 2001).
The couple married in 1963 and separated in 1996. In 1988, the husband was injured in an accident. The couple settled with the insurers in 1992 and entered into a structured settlement, which provided for an immediate lump-sum payment to the couple and their attorney and payments of $985 per month to the husband for 120 months, beginning in November 2000. The agreement provided that the insurers would purchase an annuity to make the future periodic payments.
Read More About This CasePersonal Injury (full category)
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NEW HAMPSHIRE: In re Preston, No. 99-536 (N.H. Oct. 3, 2001).
The husband claimed that the trial court erroneously concluded that an annuity arising from a personal injury claim was marital property subject to equitable distribution. The husband claimed that the trial court had erroneously concluded that an annuity arising from a personal injury claim was marital property subject to equitable distribution.
Read More About This CaseSeparation (full category)
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NEW HAMPSHIRE: Holliday v. Holliday, ___ N.H. ___, 651 A.2d 12 (1994).
The trial court's refusal to award the wife any part of the lottery jackpot that the husband won during the parties' separation was not an abuse of discretion.
Read More About This CaseSettlements (full category)
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NEW HAMPSHIRE: Sommers v. Sommers, ___ N.H. ___, 742 A.2d 94 (1999).
The wife petitioned to modify the terms of a stipulation incorporated into the divorce decree. The modification required that the husband pay two-thirds of a second mortgage on the couple's former home. The husband appealed this modification.
Read More About This CaseStocks and Securities (full category)
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NEW HAMPSHIRE: In re Valence, ___ N.H. ___, 798 A.2d 35 (2002).
Stock options of all sorts, vested or unvested, are divisible property upon divorce. Their value should be divided, however, only to the extent that it is consideration for efforts put forth during the marriage, as opposed to efforts put forth after the marriage. On this crucial fact, the case was remanded for further proceedings.
Read More About This CaseTrusts (full category)
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NEW HAMPSHIRE: Flaherty v. Flaherty, ___ N.H. ___, 638 A.2d 1254 (1994).
A New Hampshire court hearing a divorce action correctly applied New Hampshire law which respected the trust document's election of Massachusetts law; Massachusetts law, in turn, dictated that a beneficiary's remainder interest in a trust could be included in the marital estate.
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