Law Commons^™

Property: Right Outcome, Wrong Reason—Gill V. Gill, 919 N.W.2d 297 (Minn. 2018), Wendy Cicotte

Mitchell Hamline Law Review

No abstract provided.

Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux

Maine Law Review

In Long v. Long the Maine Supreme Judicial Court, sitting as the Law Court, affirmed a district court divorce decree dividing the parties' residence of thirteen years as marital property, even though the majority of the funds used for its purchase were traceable to non-marital property the husband had acquired prior to the marriage. The governing statute instructed the district court to make an “equitable” disposition of all property acquired by the spouses during marriage, but required that it first “set apart to each spouse the spouse's [separate] property,” including property acquired during marriage by a spouse “in exchange for …

Whose Fault Is It Anyway?: Analyzing The Role “Fault” Plays In The Division Of Premarital Property If Marriage Does Not Ensue, Arielle L. Murphy

Catholic University Law Review

Whenever an engagement comes to a premature end, the first question that seems to be asked is: “who gets the engagement ring?” This Comment seeks to answer this question. As societal views regarding marriage and a woman’s role within it began to change in the mid-twentieth century, courts started to recognize engagement rings as conditional gifts that were conditioned upon the marriage actually occurring. Even with this framework, states remain divided on whether fault should be included as part of the analysis in determining which party is entitled to the ring if an engagement ends before marriage occurs. This Comment …

Back To The Future: How Illinois' Legalization Of Same-Sex Relationships Retroactively Affects Marital Property Rights, Eric J. Shinabarger

Chicago-Kent Law Review

Until 2011, Illinois viewed same-sex relationships as “against public policy” and refused to recognize any same-sex civil union or marriage. However, many Illinois residents traveled to progressive jurisdictions in order to enter into legal samesex relationships. Afterwards, they returned to their lives in Illinois and lived together as married couples despite Illinois’ lack of recognition.

When Illinois legalized same-sex civil unions in 2011 and same-sex marriages in 2014, it immediately flipped a switch and began retroactively recognizing same-sex relationships entered into in other jurisdictions. While this prevents same-sex couples from being forced to jump through hoops to re-legalize their relationships, …

The Origin And Civil Law Foundation Of The Community Property System, Why California Adopted It And Why Community Property Principles Benefit Women, Caroline Bermeo Newcombe

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Title Doesn't Matter, Does It?: An Analysis Of Kentucky's Property Disposition Law And Its Treatment Of Transmutation, Russell W. Goff

Kentucky Law Journal

No abstract provided.

Spousal Property Rights--'Til Death Do They Part, John W. Fisher Ii

West Virginia Law Review

No abstract provided.

The Problem Of Selecting A Valuation Date For Property Subject To Equitable Distribution In New York

Touro Law Review

No abstract provided.

Classifying Marital And Separate Property--Combinations And Increase In Value Of Separate Property, Joan M. Krauskopf

West Virginia Law Review

No abstract provided.

Using Formulas To Separate Marital And Nonmarital Property: A Policy Oriented Approach To The Division Of Appreciated Property Upon Divorce, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

The Distrubution Of Marital Real Property Upon Divorce In West Virginia: The Need For Legislative Reform, John F. Cyrus

West Virginia Law Review

No abstract provided.

Tax Implications Of The Uniform Marriage And Divorce Act: Does The Davis Rule Still Apply In Kentucky?, Susan L. Coleman

Kentucky Law Journal

No abstract provided.

Property Rights Between Unmarried Cohabitants, Robert C. Angermeier

Indiana Law Journal

No abstract provided.

Restriction On Testation In Kentucky, Common-Law And Statutory--With A Suggested Plan Of Legislation, J. Leland Brewster

Kentucky Law Journal

No abstract provided.