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Full-Text Articles in Law

Appraising Problems, Not Stuff, Chad J. Pomeroy May 2021

Appraising Problems, Not Stuff, Chad J. Pomeroy

St. Mary's Law Journal

Abstract forthcoming.


Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman Apr 2019

Rights Of Creditors To Collect Marital Debts After Divorce In Community Property Jurisdictions, James L. Musselman

Pace Law Review

The primary thrust of this Article is to address the post-divorce liability issue outlined in Part III from the perspective of debtor-creditor law. The rules adopted in most of the community property jurisdictions with respect to this issue appear to be primarily focused on the perspective of marital property and family law without regard to general debtor-creditor law principles and policies. For example, basic fraudulent transfer law has been ignored in those jurisdictions and not applied in the usual manner. As a result, the rules developed in those jurisdictions with regard to the post-divorce liability issue are not consistent with ...


Long V. Long: Law Court Ruling Changes The Disposition Of Joint Real Property On Divorce, Marc J. Veilleux Mar 2018

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 ...


An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar Sep 2017

An Empirical Study Of Property Divisions At Divorce, Margaret Ryznar

Pace Law Review

Much has been written about family law and how to fairly divide property between divorcing spouses. Without a good understanding of what courts are doing in the field, however, there is no baseline for theoretical frameworks. This Article fills the void by analyzing all divorce cases involving children that were filed in one county over several months. The resulting empirical data has implications for the meaning of fairness in divorce, the role of judicial discretion, and the incentives for contracting by couples. This Article also examines the underlying law in order to explore the correlation between the family law code ...


Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, Jo Carrillo Feb 2017

Liberty And Community In Marriage: Expanding On Massey’S Proposal For A Community Property Option In New Hampshire, Jo Carrillo

The University of New Hampshire Law Review

This article argues that intimate partners should have the right to adopt a sharing economy within marriage. Forty-one U.S. states employ a separate property regime for property acquired during marriage; of these, only two allow married couples to opt out of the separate property system and hold their assets as community property. Nine U.S. states are community property states. To encourage equal partnership in marriage, Calvin Massey proposed that New Hampshire, a separate property state, enable a community property option. This essay expands on Massey’s proposal by comparing it to three other marriage reform proposals: two based ...


With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney Apr 2016

With All My Worldly Goods I Thee Endow: The Law And Statistics Of Dower And Curtesy In Arkansas, J. Cliff Mckinney

University of Arkansas at Little Rock Law Review

No abstract provided.


Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce, Sarah Bolling Mancini, Alys Cohen Mar 2016

Surviving The Borrower: Assumption, Modification, And Access To Mortgage Information After A Death Or Divorce, Sarah Bolling Mancini, Alys Cohen

Pepperdine Law Review

The death of a borrower too often brings the surviving spouse or other heirs to the brink of foreclosure. Transfer of the marital home to a non-borrower spouse through divorce may lead to the same problems. Mortgage servicers tell these successor homeowners that because they are not the borrower on the loan, they are not entitled to any information about the mortgage secured by their home and cannot apply for a loan modification, even if they are struggling with the payments. In fact, successors have a right to information, the right to assume liability for the loan, and the right ...


A Professional Degree Is Not Marital Property Upon Divorce: Stevens V. Stevens, Katherine Scheid Jul 2015

A Professional Degree Is Not Marital Property Upon Divorce: Stevens V. Stevens, Katherine Scheid

Akron Law Review

This Note first analyzes the Stevens court's opinion and concludes that it fails to give sufficient direction on how to determine the amount of the alimony award in order to sufficiently compensate the supporting spouse. Second, this Note explores the ways in which courts in other jurisdictions have attempted to compensate the supporting spouse. Finally, this Note proposes two alternative methods of valuing the supporting spouse's contribution. One method applies if the court, as in Stevens v. Stevens, holds that contribution toward a technical degree is not divisible marital property but should be considered when awarding alimony. The ...


Back To The Future: How Illinois' Legalization Of Same-Sex Relationships Retroactively Affects Marital Property Rights, Eric J. Shinabarger Jan 2015

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 ...


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2012

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

No abstract provided.


Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis Jan 2011

Yours, Mine, Ours? Renovating The Antiquated Apartheid In The Law Of Property Division In Native American Divorce, Vickie Enis

American Indian Law Review

No abstract provided.


Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink Jan 2008

Gender And Nation-Building: Family Law As Legal Architecture Symposium - Nation Building: A Legal Architecture: Articles And Essays, Tracy E. Higgins, Rachel P. Fink

Faculty Scholarship

Although the discipline of family law in the western legal tradition transcends the public/private law boundary in many ways, it is the argument of this Essay that family law, in the private law sense of defining the rights and obligations of members of a family, forms an important part of the legal architecture of nation-building in at least three ways. First, access to the resources of the nation-state devolves through biologically and culturally gendered national boundaries, both reflecting and reinforcing the differential status of men and women in the sphere of the family. Second, the social institution of the ...


Divorcees Turn About In Their Graves As Ex-Spouses Cash In: Codified Constructive Trusts Ensure An Equitable Result Regarding Erisa-Governed Employee Benefit Plans, Sarabeth A. Rayho Jan 2007

Divorcees Turn About In Their Graves As Ex-Spouses Cash In: Codified Constructive Trusts Ensure An Equitable Result Regarding Erisa-Governed Employee Benefit Plans, Sarabeth A. Rayho

Michigan Law Review

A revocation-by-divorce statute essentially nullifies a devise in a divorced decedent's will when the devise bequeaths property to the decedent's ex-spouse and the will was executed during their marriage. Until recently, state revocation-by-divorce statutes unquestionably applied not only to wills but also to will substitutes, including ERISA-governed employee benefit plans. In 2001, the Supreme Court held in Egelhoff v. Egelhoff ex rel. Breiner that ERISA preempts traditional state revocation-by-divorce statutes as applied to ERISA-governed employee benefit plans. In the wake of the Egelhoff decision, plan administrators may automatically pay proceeds to the listed beneficiary, even an ex-spouse, regardless ...


Publicity Rights As Moral Rights, David Landau, David Westfall Jan 2005

Publicity Rights As Moral Rights, David Landau, David Westfall

Scholarly Publications

Recent legal history has witnessed the creation of a large number of new forms of property. Consequently, judges and legislators have generally been willing to imbue these new forms of property with all or most of the attributes of traditional property. In this article we try to explain this trend by examining one important new kind of property, the publicity right. Publicity rights initially emerged in response to functionalist considerations: transferable rights were needed to keep pace with commercial custom. As time went on, courts began to expand the attributes of the right to new frontiers, such as inheritability. In ...


The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis Jan 2004

The Recently Revised Marriage Law Of China: The Promise And The Reality, Charles J. Ogletree Jr., Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

In April 2001, the Standing Committee of the Ninth National People's Congress (NPC), China's highest legislative body, passed the long-debated and much awaited amendments to the Marriage Law on the closing day of its twenty-first session. As stated by one PRC commentator, "In the 50 years since the founding of the New China, there has not been any law that has caused such a widespread concern for ordinary people."'

Even though the recent revisions to the marriage laws have been hailed as some of the most significant and positive changes in family law in China, thus far no ...


The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt Jan 2003

The Undue Influence Presumption Vs The Record Title Presumption: Marriage Of Delaney, 2003, Roger Bernhardt

Publications

This article discusses a California case which held that when an interspousal transaction is to one spouse’s advantage, the Family Code presumption that the transaction was a result of undue influence is trumped by the Evidence Code’s presumption of record title.


Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt Apr 2002

Characterizing Separate Or Community Expenditures On Community Or Separate Assets, Roger Bernhardt

Publications

This article analyzes community property and separate property distributions on dissolution of marriage in California.


Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt Jan 2001

Spousal Reimbursement Rights: Marriage Of Cochran, 2001, Roger Bernhardt

Publications

This article discusses a California case which held that on dissolution of marriage a spouse is entitled to reimbursement for payment of 1) a fee required for family home building permit, and 2) construction loan consideration, both paid from separate property.


Title Doesn't Matter, Does It?: An Analysis Of Kentucky's Property Disposition Law And Its Treatment Of Transmutation, Russell W. Goff Jan 2000

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.


Looking At Marriage, Naomi Cahn Jan 2000

Looking At Marriage, Naomi Cahn

Michigan Law Review

In a recent book (not the subject of this Review), highly successful and popular authors John Gottman and Nan Silver set out their seven effective principles for making a marriage last. The final suggestion is that spouses should "create shared meaning, an inner life together that is rich with symbols and family rituals and that honors the hopes of both partners." In a happy marriage, the couples not only provide support for each other, but also "build a sense of purpose into their lives together." Professor Gottman has developed these principles as a result of twenty years of research and ...


Classifying Marital And Separate Property--Combinations And Increase In Value Of Separate Property, Joan M. Krauskopf Jun 1987

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 Jan 1984

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 Apr 1980

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.


Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian Jan 1980

Family Law And The Pennsylvania Equal Rights Amendment, Albert Momjian

Villanova Law Review

No abstract provided.


Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman Jan 1978

Restoration Of Property: Illusory Barrier To Interspousal Gifts, Jennifer Burcham Coffman

Kentucky Law Journal

No abstract provided.


Divorce--Sale Of Property By Court Order, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr. Feb 1968

Divorce--Sale Of Property By Court Order, Thomas Mckendree Chattin Jr., F. Richard Hall, John Woodville Hatcher Jr.

West Virginia Law Review

No abstract provided.


Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright Jan 1968

Medieval Law In The Age Of Space: Some Rules Of Property In Arkansas, Robert R. Wright

Faculty Scholarship

No abstract provided.


Selected Tax Aspects Of Divorce And Property Settlements Jul 1966

Selected Tax Aspects Of Divorce And Property Settlements

Indiana Law Journal

No abstract provided.


The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel Jan 1958

The Conflict Of Laws: A Comparative Study, Second Edition. Volume One. Introduction: Family Law, Ernst Rabel

Michigan Legal Studies Series

This volume, the first in Ernst Rabel's monumental comparative treatise on the conflict of laws, was initially published in 1945. Since then three additional volumes have been added, completing the survey of the systems of conflicts law as originally contemplated. Meanwhile, the first edition of the first two volumes has been exhausted for some time, and the literature of conflicts law has substantially increased, reflecting the new developments that have taken place since 1945. Accordingly, plans for a new edition of the first two volumes were discussed with the author before his death on September 7, I955, and were ...


Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle May 1955

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle

Michigan Law Review

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither ...