Equitable distribution case law a comprehensive analysis of all reported cases. by Joel R. Brandes

Cover of: Equitable distribution case law | Joel R. Brandes

Published by New York State Bar Association in [Albany] .

Written in English

Read online


  • New York (State)


  • Equitable distribution of marital property -- New York (State) -- Digests.

Edition Notes

Book details

ContributionsNew York State Bar Association.
LC ClassificationsKFN5124.A59 B7 1983
The Physical Object
Pagination1 v. (loose-leaf) ;
ID Numbers
Open LibraryOL3510222M
ISBN 100942954033
LC Control Number82062525

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Equitable distribution case law: A comprehensive analysis of all reported cases [Brandes, Joel R] on *FREE* shipping on qualifying offers. Equitable distribution case law: A comprehensive analysis of all reported casesAuthor: Joel R Brandes.

Equitable Distribution of Property, 3d. This three-volume work, written by National Legal Research Group Senior Attorney Brett R. Turner, is one of the leading treatises nationwide on the division of property in divorce cases. “Our equitable distribution statute, G.S.was enacted in recognition of marriage as a partnership, economic and otherwise, to which both parties contribute either directly or Size: KB.

Case Law Update: DVPO ; Case Law Update: Custody Modification ; Case Law Update: Equitable Distribution ; ABA YLD Scholars: A Year in Review ; Prioritize Preparedness: Hurricane Season Preparation During a Pandemic May 8, ; The NOL Carryback Rules Under the CARES Act May 8, When real property is titled as tenants by the entirety, there is a presumption that any separate funds used to acquire the property, or any sep- arate real property exchanged for the entirety property, was a gift to the marriage.

See Section VII, below, on tenancy by the entirety and the marital gift presumption. tion when relying on case law from outside their jurisdictions. The majority of equitable distribution jurisdictions provide that property acquired during the marriage is marital property.

3 Generally, the marital estate does not include premarital prop-File Size: 76KB. Equitable Distribution of Property- 3 Introduction A Guide to Resources in the Law Library “We must, however, consider, the paramount purpose of a property division pursuant to a dissolution proceeding [which] is to unscramble existing marital property in order to give each spouse his or her equitable share at the time of dissolution.”.

The marital unit shares, at equitable distribution, in increases in the value of separate property that the marital unit has proportionately acquired in its own right.

The increase attributable to the marital unit is traced using the “source of funds” methodology that has now been exhaustively described in the case law. Immediately following the definition of marital property in G.S. (b)(1), the statute states “[i]t is presumed that all property acquired after the date of marriage and before the date of separation is marital property except property which is separate property under subdivision (2).

Equitable distribution is the distribution of property and debt obligations used by courts in most states when dividing marital property during divorce proceedings. Equitable distribution does not mean “equal” division – it means “fair” division.

Instead of a strict fifty-fifty split in which each spouse receives. § In Michigan, division of marital property follows the rule of equitable distribution. Although there is no requirement that property awards to each party be precisely equal, there is a presumption that the division of marital property (as contrasted with separate property) will be roughly congruent.

Property Division: Equitable Distribution. Property Distribution and Assignment. Every Massachusetts divorce has the elements of property division (or equitable distribution).

That means, in every case, there must be some analysis of the marital estate, the value of marital property and debt, and who ultimately gets what. In any case involving the equitable distribution of: (1) Property acquired by bequest, devise, descent, distribution or gift; or (2) ownership interests in a business entity, the court shall, unless the parties otherwise agree, give preference to the retention of the ownership interests in such property.

Equitable Distribution Plaintiff's interest in the Marital Residence Plaintiff seeks equitable distribution of the Marital Residence. As aforementioned, Defendant purchased the Marital Residence inthree (3) years prior to the date of marriage. The Epperson case is the first equitable distribution case, to the author’s knowledge, to apply a provision in the law of trusts permitting termination of a trust when the harm caused by enforcing it is greater than the benefit of accomplishing its purpose – this would not have happened if the trustee was an independent person.

Legal Research Books Authored by NLRG Attorneys HUMAN RESOURCES BOOKS. The following human resources books were authored by John F. Buckley, head of National Legal Research Group's Human Resources Division, and attorneys of the National Legal Research Group on various important Human Resources topics.

State by State Guide to Human Resources Law, Edition. Equitable Distribution I n North Carolina, the property that a married couple has amassed between their date of marriage and date of separation is distributed between the parties through a process known as Equitable Distribution.

Typically, in Equitable Distribution, each spouse will be awarded 50% of the marital assets and debts. Find Family law books law books and legal software at Legal Solutions from Thomson Reuters. Get free shipping on law books. with more than 8, case citations. Book $ ProView eBook This treatise completely covers laws of equitable distribution.

Book. The premise underlying the Equitable Distribution Law is that marriage is, among other things, an “economic partnership” to which both parties contribute as.

Equitable distribution is part of the divorce process in North and South Carolina. Dividing a business can be one of the more challenging aspects of dividing up your finances for.

Missouri, Illinois, Kansas and Oklahoma Equitable Distribution. In Missouri, Illinois, Kansas and Oklahoma, there are a lot of different factors that the courts consider when it comes to the division of marital property and debts.

This includes: the duration of the marriage, contributions, actions in the care and maintenance of the properties. Equitable Distribution of Ownership of a Law Firm Divorcing a lawyer.

A recent decision by a New Jersey appellate court explains the process by which a person’s interest in a law firm is valued for purposes of equitable distribution. In Slutsky v. Equitable distribution is a method for dividing a married couple's property when they divorce.

Prior to the adoption of equitable distribution in New York, New York was a "common law property" state—meaning, the court distributed the property owned by either spouse in the divorce according to who held the : Melissa Heinig. Equitable Distribution Qualified Domestic Relations Order-QDRO In Florida, upon getting divorced a spouse is entitled to a portion of the other spouse’s retirement benefits.

First of all, the availability of an equitable distribution ruling will depend on state rules. Some jurisdictions strictly apply traditional rules for property distribution in a divorce. In that case, equitable distribution principles may not be available during the course of the legal proceedings.

Also, Author: Ken Lamance. The Equitable Distribution Law reflects an awareness that the economic success of the partnership depends not only upon the respective financial contributions of the partners, but also on a wide range of non-remunerated services to the joint enterprise, such as homemaking, raising children, and providing emotional and moral support necessary to sustain the other spouse in coping with the vicissitudes of.

Since Washington D.C. is an "equitable distribution" state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues.

The Court, understandably, declined to invalidate Pennsylvania law on this point. So while Section is available to family law cases, it is only after someone has successfully had the equitable distribution order entered as a judgment under Section (a)(1).

The order, in and of itself, is not a judgment. equitable distribution Invest in Yourself One of the most important things to remember as you are moving forward with an action for dissolution of marriage is to accurately and fully fill out the Florida Family Law long form financial affidav.

§ Court may decree as to property and debts of the parties. Upon decreeing the dissolution of a marriage, and also upon decreeing a divorce from the bond of matrimony, or upon the filing with the court as provided in subsection J of a certified copy of a final divorce decree obtained without the Commonwealth, the court, upon request of either party, (i) shall determine the legal.

Our family law books cover a wide range of topics, including executing and administering divorce, child custody, elder-care proceedings, and more. This treatise completely covers laws of equitable distribution. Book presenting the steps, options, and considerations for successfully completing a case.

Book (Full Set). The process that deals with dividing up marital assets and debts after two parties have separated is called equitable distribution. The North Carolina General Assembly passed a statute to establish a program that requires equitable distribution disputes to go to mediation before they are heard in the court room in an effort to save time and money, as well as to facilitate judicial economy.

In statutorily-mandated equitable distribution of community property, some courts permit a divorce distribution that substantially deviates from an equal split. The basis for an "equitable distribution" is evaluated on case by case basis.

Most states follow equitable distribution rules. In these states, equitable doesn’t necessarily mean equal. A judge will divide property fairly or equitably, rather than equally or 50/50 between the spouses.

So, for example, a low-earning spouse, who has primary custody of young children may be awarded more property as part of a divorce if. Depending on what state you live in, you may qualify for equitable states like Florida, for example, it is up to the court to do what is "fair", or equitable, when splitting up liabilities and assets in r, this does not always translate to a 50/50 split of the marital property.

Equitable Division Distribution States and Marital Property. When a couple gets a divorce, they (along with their attorney), do their best to come to an agreement on dividing marital assets and any other legal divorce tends to be a particularly complicated and sometimes rough area of the law, as negative personal feelings can cloud each party’s desire to find an amicable : Ken Lamance.

For New Jersey marital property laws regarding equitable distribution, see N.J.S.A. 2A(h) and N.J.S.A. 2A New Jersey uses the concept of “equitable distribution” to divide property in a divorce, which means that fundamental fairness, under the circumstances of each case, forms the basis of property : Joseph Pandolfi.

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Complex & Equitable Distribution of Property Cases Eastern North Carolina Divorce Attorney for Complex Property Divisions If you and your spouse own interests in real estate, businesses, investments, retirement or other significant assets, you need an attorney with vast experience dealing with the finer details of property division.

The Hart Law Firm, P.A. was originally founded in as a divorce and family law firm in Orlando, Florida. We moved to North Carolina inand now work with families to help them navigate the process of separation and divorce.

The Hart Law Firm is conveniently located in Cary, NC. “Equitable distribution” is the equitable, and not necessarily equal, division of those assets between the spouses pursuant to a matrimonial action.

Absent an agreement between the parties, a court will determine each parties respective rights to “marital property” and “separate property,” and will provide for the disposition.when courts follow the doctrine of equitable distribution, they award property at a divorce by.

issued by the court in domestic violence and abuse cases to keep one spouse away from the other, the children, or the home. Criminal Law and Procedure. 5 terms. Chapter Laws Effecting Business. 26 terms.Announcing the “Clean Hands” Doctrine T. Leigh Anenson, J.D., LL.M, Ph.D.* This Article offers an analysis of the “clean hands” doctrine (unclean hands), a defense that traditionally bars the equitable relief otherwise available in litigation.

The doctrine spans every conceivable controversy and effectively eliminates Size: KB.

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