14 results for 'cat:"Civil Procedure" AND cat:"Family Law" AND cat:"Property"'.
J. Wilson finds that the trial court properly divided the parties' community property when it ordered the ex-husband to make an "equalization payment" to the ex-wife. Since no findings of fact and conclusions of law were made regarding the value of the assets of the community estate, there is no way to determine whether the trial court abused its discretion. Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: May 14, 2024, Case #: 14-22-00683-CV, Categories: civil Procedure, family Law, property
J. Pedersen finds that the lower court properly entered a final divorce decree. The appellant contends that the judgment failed to detail how her property would be transferred to her, but the court disagrees that the instructions in the decree lacked detail. Also, the trial court has the power to enforce the decree. Affirmed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 7, 2024, Case #: 05-22-01235-CV, Categories: civil Procedure, family Law, property
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J. Tijerina finds that the lower court properly divided the community estate in this divorce proceeding. The husband argues that he "received 6.3% of the community estate," but the court disagrees, as a certain financial account was the wife's separate property, and the husband was awarded one-half of the community's interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: February 8, 2024, Case #: 13-22-00249-CV, Categories: civil Procedure, family Law, property
J. Stabile finds that the lower court improperly sustained the preliminary objections of an ex-wife and dismissed a husband’s complaint with prejudice concerning the division of their property. The suit was dismissed on the ground that the husband must “hold title” to the property in question to proceed but that legal determination was erroneous. Vacated.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: January 18, 2024, Case #: J-A19023-23, Categories: civil Procedure, family Law, property
J. Wiseman finds the district court properly denied the funeral home's motion requesting a finding the decedent was estranged from his wife at the time of his death. The Oklahoma Funeral Board found the decedent's wife, and not his mother, had the right to control the disposition of the cremains after they were given to the mother, and assessed costs and fees against the funeral home. The court properly found that the funeral home lacked standing to seek a finding of estrangement. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: December 6, 2023, Case #: 119971, Categories: civil Procedure, family Law, property
J. Wolohojian finds that the Massachusetts Housing Court properly credited an Alabama court's orders regarding the divorcing couple's marital property. The U.S. Constitution requires "full faith and credit" to be given in each state "to the public acts, records, and judicial proceedings of every other state," which means that "the Housing Court was required to give the Alabama final order the same finality that it would receive in Alabama." Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: September 12, 2023, Case #: 22-P-1082, Categories: civil Procedure, family Law, property
J. Long vacates a family court’s decision awarding a Coventry woman half of her ex-husband’s state pension 24 years after finalization of their divorce. The woman’s request of the family court was “clearly untimely.” Having decided that the woman did not know about her former husband’s pension from the state department of corrections until 2017, the trial justice erroneously held that the woman’s request was not time-barred and ordered him to pay her a total amount of $83,284. The matter is remanded to the family court for further proceedings. Vacated.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 21, 2023, Case #: 21-328, Categories: civil Procedure, family Law, property
J. Cohen finds the trial court properly determined the child support obligation and that the issue of retroactive child support was "tried by implied consent." Also, there was no abuse of discretion regarding the valuation of the rental property and the "equitable distribution" of the ex-husband's share of the property. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Cohen, Filed On: June 14, 2023, Case #: 6D23-563, Categories: civil Procedure, family Law, property