17 results for 'cat:"Family Law" AND cat:"Property" AND cat:"Contract"'.
J. Bishop finds the district court properly divided the marital property in this marriage dissolution. The land on which the marital residence and a barn were built was acquired and paid for by the husband before the marriage. Evidence supports the land is nonmarital, although the parties jointly paid a mortgage on the property. Therefore, the wife is entitled to one-half of that marital equity. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 30, 2024, Case #: A-23-249, Categories: family Law, property, contract
J. Fischer finds the district court properly entered the divorce decree. The couple was married in California and after the separation the wife moved to Oklahoma. The divorce proceeded between the states slowly and contentiously. Though the ex-wife has not preserved any of the many issues she puts forth, the court's review for fundamental error finds none. The ex-wife's claim she did not receive proper notice is not supported by the record. Affirmed
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: April 11, 2024, Case #: 117025, Categories: family Law, property, contract
J. Cadish finds the district court, in its divorce decree, improperly determined the husband's law firm, established prior to the marriage, was entirely community property. Uncontested evidence shows the firm was a continuation of the original separate property law practice and the presumption of community property does not apply. The court's refusal to award alimony, though, is based on the erroneous community property determination. Reversed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84998, Categories: family Law, property, contract
J. Barrett finds the circuit court improperly divided the marital debts in its divorce decree. Because no reason was given after remand for an unequal distribution of a lawn care business ordered to be subject to a reverse auction, the law requires the property be divided equally. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 13, 2024, Case #: CV-22-488, Categories: family Law, property, contract
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J. Bishop finds the county court properly entered this divorce decree, awarding alimony to the ex-wife. Though the wife's career as a mortgage loan officer was not interrupted by the marriage, and her substantial earnings and receipt of a property settlement could have supported not awarding alimony, her higher earnings as a loan officer did take place during a period of low interest rates. A period of increase during an industry slowdown also resulted in further reduced earnings. Being the alimony order covers only two years, no abuse of discretion is found. The husband, though, is entitled to a nonmarital set off for a down payment made on the marital home purchased before the marriage. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: March 12, 2024, Case #: A-23-030, Categories: family Law, property, contract
J. Bishop finds the county court properly divided the marital property in this divorce decree. Though child and cat custody are not at issue, the particular child support and alimony orders are proper due to the ex-husband's extensive travel for work. The ex-wife was almost exclusively responsible for the children's needs, activities and doctor appointments, as well as maintaining the household. The ex-wife also had the more consistent possession of the marital home, which was properly awarded to her. The ex-husband's severance pay was improperly divided, as it is correctly construed as replacing lost future wages. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 5, 2024, Case #: A-23-040, Categories: family Law, property, contract
J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: family Law, property, contract
J. Gruber finds the circuit court properly divided property in this marriage dissolution. The arbitrator - the parties' adult son - attempted to award property to himself, and no evidence shows he took the requisite arbitrator's oath; therefore, the agreement is invalid. Furthermore, the wife's claims involving the son's loan to the father and its effect on the division of a family business are not legally cognizable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: January 17, 2024, Case #: CV-22-85, Categories: family Law, property, contract
J. Gladwin finds the trial court properly entered the divorce decree. The marital property is found to have been correctly divided, and, because the husband did not present evidence as to the value of certain jewelry at the final hearing, the court properly used the value shown in earlier financial statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 10, 2024, Case #: CV-22-466, Categories: family Law, property, contract
J. Pirtle finds the trial court improperly divided the marital estate. The case must be remanded so the trial court can recalculate the property division involving property and assets held by each party prior to marriage, farming property and assets acquired during the marriage, and property left to the husband during the marriage by his parents. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 26, 2023, Case #: A-22-897, Categories: family Law, property, contract
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: family Law, property, contract
J Thyer finds the trial court improperly designated the divorced couple's home as marital property and allocated the husband's 401(k) plan among him, his former ex-wife and his now-ex-husband. The ex-husband quitclaimed interest in the home to the husband in exchange for release from liability on the mortgage, which meets the statutory definition of a gift and thus satisfies the marital property exception. The trial court also failed to give full consideration to the domestic relation order entered in the prior divorce action as it applies to allocation of the retirement account. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 15, 2023, Case #: CV-22-622, Categories: family Law, property, contract
J. Hixson finds the trial court properly divided the divorced couple’s assets unequally in favor of the wife. The husband was awarded the home, but ordered to pay the wife the full amount of equity. The trial court fully considered the husband’s extensive assets to be retained after the divorce, including substantial real estate, investments and businesses, as well as his net worth of $32 million. The husband had commingled marital and nonmarital assets, leading the wife to believe she was a partner in his companies. There was evidence that she had been involved in the company’s daily operations and management as well. There is record evidence of the home equity debt reduction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-22-330, Categories: family Law, property, contract
J. Wood finds the county court properly determined certain property to be marital property in this marriage dissolution, awarding the ex-wife spousal support as well as ordering her to repay money withdrawn from the ex-husband’s nonmarital business accounts while denying her request for rehabilitative alimony. No corroborating evidence or testimony that the ex-husband’s parents intended money used to purchase property during the marriage to be a gift. Spousal support was properly awarded to be paid during the divorce proceedings as the ex-wife no longer worked for the husband’s business. Though the wife previously worked for the business, it was the husband’s premarital property, and she did not have authority to withdraw money from the business’s accounts. Affirmed on direct and cross-appeals.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 1, 2023, Case #: CV-22-186, Categories: family Law, property, contract
J. Moore finds the district court improperly divided the marital estate in this dissolution proceeding. The court of appeals modifies the decree to restore the ex-wife’s maiden name. Though the wife did not move to amend pleadings, a court may constructively amend in order to render a consistent decision. The husband did not object to the request to restore the name and the court could have amended the pleadings to conform to the evidence. The court also abused its discretion by including the total value of the wife’s whole life insurance policy and two retirement accounts in the marital estate. Valuations and divisions of certain debts and property including a truck and trailer are also modified. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 31, 2023, Case #: A-22-873, Categories: family Law, property, contract
J. Johnson finds that the district court properly determined a stepdaughter to be the sole owner of a disputed property. The decedent, the original owner of the property, executed a Counter Letter in 1999 declaring the stepdaughter as the owner, and the letter does not require the stepdaughter to pay off the mortgage. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 5, 2023, Case #: 2023-CA-0013, Categories: family Law, property, contract