Property Division

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TRANSFER OF MONIES INTO JUST WIFE’S NAME

Husband funded an IRA in his wife’s name.  Divorce proceedings and trial took place.  Wife argued that the IRA money was a gift to her from her husband.  She testified that the transfer was to make her feel secure.  He testified that the transfer was to protect from malpractice claims against him.  It was her [...]

SO YOU SAY YOU DID WORK ON THE PROPERTY?

The divorcing parties had a second residence.   Wife’s parents had deeded the property to the parties in joint tenancy.   They still lived there.  They had reserved a life estate to themselves. Wife usually paid the real estate taxes from her bank accounts.   Her father moved out.  Wife (alone) managed and maintained the premises. She located [...]

By |2018-10-18T13:38:16+00:00October 18th, 2018|Property Division|0 Comments

DON’T SHOW ANYONE THOSE COMPROMISING PHOTOGRAPHS!

Parties agree on divorce settlement terms.   Husband will pay wife $5200 per month for permanent maintenance.   There were other monetary terms related to the children.   There were property division terms. He executed a trust agreement.  He would transfer to a trustee certain described property, including real estate.   This was for the purpose of securing his obligations. [...]

By |2018-10-11T16:56:41+00:00October 11th, 2018|Property Division, Uncategorized|0 Comments

READ THE PRENUP BEFORE YOU SIGN IT

The parties signed a PreNuptial Agreement before they married.  It included a waiver of the right to maintenance. Husband later filed for divorce. Wife argued that she should receive maintenance and a portion of any property which had been acquired during the marriage.  Husband argued that the premarital agreement specifically provided that anything acquired during [...]

RETIREMENT PAYOUT IS INCOME FOR CHILD SUPPORT PURPOSES

Parties divorced and divided husband’s pension between them. The parties had three children. Husband was ordered to pay child support to wife. Husband later retired. He filed a motion to reduce his child support payment. Upon retirement, he received a monthly amount from his pension. Husband argued that the pension division was included in the [...]

By |2018-08-16T19:56:55+00:00August 16th, 2018|Child Support, Property Division|0 Comments

READ ONE LAST TIME BEFORE YOU SIGN

The parties divorce.   The judgment provides that their Agreement (MSA) settled 'all questions of property rights.  All claims against each other.  All rights of maintenance and all other marital rights arising out of their marriage to each other.' Wife was responsible for everything related to the marital home. It was now hers alone.  She believed [...]

MAKE SURE THE HORSE IS BEFORE THE CART

Divorce judge made a ruling regarding the real estate on which Husband’s nonmarital business was located.  The Court said that it was marital property.  It said that Husband had not proven that he acquired the property in a way listed in the divorce statute.  Husband did not prove it was his nonmarital property. Husband appealed. [...]

By |2018-06-29T13:03:03+00:00June 29th, 2018|Property Division|0 Comments

WHEN DOES AN IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE HAPPEN?

  Trial court e-ntered a Judgement of Divorce.  Wife appealed various issues. One of them was dissipation.  The Trial Court found no dissipation. Wife argued that the trial court’s judgment failed to account for millions in “missing funds.”  She contends that $6,429,000 is “missing” from the Gift Trust.  She argued that Husband failed to provide [...]

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