111 results for '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. Riedmann finds the county court improperly calculated the ex-wife's income in this divorce proceeding. The record does not support the wife's income as an elementary school teacher gives her an income of more than $6,000 per month. The court improperly included in its calculation an Air Force education liaison position for which the ex-wife applied but was not awarded. Being that the ex-wife is employed, the $1 per month the court awarded in alimony shows no abuse of discretion. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: May 14, 2024, Case #: A-23-398, Categories: family Law, property, Due Process
J. Gibbons finds the district court properly divided property, calculated alimony and allowed the attorney's lien for fees in this divorce decree. The ex-wife filed for divorce after the ex-husband, she alleges, lost all community assets trading futures. The wife abandoned her marital waste claim, seeking to enforce an oral agreement that she receive the husband's interest in the residence. The court correctly allowed for the lien due to the wife's pursuit of the frivolous marital waste claim. Affirmed in part.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: May 3, 2024, Case #: 84255-COA, Categories: family Law, property
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J. Nowell finds that the lower court improperly divided the marital property and "ordered neither party to pay child support" in this divorce proceeding. The record does not contain sufficient evidence of the parents' finances to show that the child support ruling "was in the best interests of the children." Reversed in part.
Court: Texas Courts of Appeals, Judge: Nowell, Filed On: May 2, 2024, Case #: 05-23-00505-CV, Categories: family Law, property
J. Golemon finds the trial court properly entered the property division enforcement order in this post-divorce proceeding. The ex-husband challenges the order requiring him to vacate the marital residence and ordering the receiver to sell the property and split the proceeds. A trial court that has rendered a final decree of divorce has the power to enforce the property division and to render clarifying orders to enforce compliance. Because no one appealed the enforcement order, the appeals court may not consider the ex-husband's arguments. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 2, 2024, Case #: 09-22-00312-CV, Categories: family Law, property
J. Moore finds the county court properly entered the custody and support order, also properly valuating and dividing property in this marriage dissolution. The divorced couple agreed to the custody and support order, and no reversible error is found in the court’s failure to include a parenting plan and support calculation in the decree. Though the court awarded all property inside the marital home to the wife, this does except certain boxed property of the husband's. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: April 30, 2024, Case #: A-23-496, Categories: family Law, property, Guardianship
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. Pirtle finds the county court properly divided the property in this marriage dissolution. Real estate conveyed to the couple by the ex-husband's parents was correctly found to be marital property, and the ex-husband was not entitled to a credit for the value of a vehicle that was paid off with proceeds from his workers compensation settlement. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-283, Categories: family Law, property, Workers' Compensation
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. Gibbons finds the district court improperly granted the ex-wife's motion to enforce the divorce decree and enter an amended qualified domestic relations order. The order indicated the ex-wife is entitled to one half of her ex-wife's public employee retirement benefits, including survivor benefits. The order is inconsistent with guiding case law holding that "unless specifically set forth in the divorce decree, an allocation of a community property interest in the employee spouse's pension plan does not also entitle the nonemployee spouse to survivor benefits." Reversed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: April 10, 2024, Case #: 86043-COA, Categories: family Law, property
J. Riedman finds the district court improperly divided the marital estate. The court improperly classified and valued the wife's student loan debt, auto loan, and certain savings, checking and retirement accounts. The evidence presented does not support using an average daily value, and the wife failed to rebut the presumption the growth of her retirement accounts was marital. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedman , Filed On: April 9, 2024, Case #: A-23-593, Categories: family Law, property, Banking / Lending
J. Contreras finds on rehearing that the lower court improperly granted the husband's claims for reimbursement and reconstitution of the marital estate due to fraud. The evidence does not support his reimbursement claim, which was based on his alleged efforts to enhance the wife's separate property. Also, the evidence does not show that the wife committed fraud against the community. Reversed in part.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: March 28, 2024, Case #: 13-23-00343-CV, Categories: family Law, property
J. Riedmann finds the county court improperly divided the marital estate. The ex-husband did not list the value for numerous items and both parties did not agree on the value of any item at issue. The total value of the marital assets was $212,000, with a joint property statement showing debts totaling $80,000. It is unclear from the record whether the court intended a specific distribution percentage or simply a distribution of assets and corresponding debt. The portion of the decree valuing and dividing the marital estate is vacated. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Riedmann, Filed On: March 26, 2024, Case #: A-23-386, Categories: Debt Collection, family Law, property
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. Rush finds the trial court properly ordered the ex-husband to obtain a life insurance policy to secure the ex-wife’s portion of his police pension. Though the husband challenges the court's authority, saying it did not consider the tax consequences of his future pension payments, trial courts have broad authority to order a security or other guarantee to secure division of property. The court’s evidence-based findings support the judgment. The husband waives his tax consequences challenge due to his presenting the court with only speculation.
Court: Indiana Supreme Court, Judge: Rush , Filed On: March 20, 2024, Case #: 23S-DN-245, Categories: family Law, Insurance, property
J. Poissant finds the lower court properly divided the marital assets in this divorce matter. The husband argues that the marital home was jointly owned separate property and the lower court should not have been able to order it sold. The husband also argues that certain evidence, namely a drug test that showed he tested positive for amphetamine, methamphetamine, benzoylecgonine, cocaine, and norcocaine, and expert testimony to the effect that he was a daily user of those drugs, should not have been allowed. But the husband did not object to the evidence or expert testimony at the time it was submitted into evidence, thereby waiving his right to later argue against their admission. The lower court made no error in its division of the marital estate. Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: March 14, 2024, Case #: 14-22-00810-CV, Categories: Evidence, family Law, property
J. Thyer finds the trial court properly ordered child support, alimony and division of marital debt in its divorce decree. All evidence supports the ex-husband, a fireman with multiple sources of income, including rental properties, was properly ordered to pay child support and alimony to his disabled wife. The wife lives in a mobile home purchased by her brother on her father's property. Her income consists of disability checks and family help. Certain credit card debt incurred by the wife was for essentials for the children, and the husband provides no evidence supporting his claim that she is a compulsive spender. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: March 13, 2024, Case #: CV-23-94, Categories: Debt Collection, family Law, property
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
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. 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
J. Reichek finds that the lower court properly divided the property in this divorce proceeding. The wife, appearing pro se, fails to show that the husband breached their premarital agreement, and her exhibits do not establish damages "as a result of any failure to indemnify." The court also denies the wife's petition for a writ of mandamus. Affirmed.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: March 7, 2024, Case #: 05-23-00051-CV, Categories: family Law, property
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. Pedersen finds in this restricted appeal that the lower court improperly determined the conservatorship rights and the division of the marital property in this divorce proceeding. There is insufficient evidence supporting the terms of the divorce. Reversed in part.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: March 4, 2024, Case #: 05-22-00563-CV, Categories: family Law, property