Family Law Commons^™

Prior To Accrual, Military Retirement Pension Earned During Coverture Is Community Property Subject To Division At Time Of Divorce., Mary Elizabeth Carmody

St. Mary's Law Journal

Abstract Forthcoming.

Apportionment Of Community Property Interests In Prospective Military Retirement Benefits Upon Divorce., Charles H. Rennick

St. Mary's Law Journal

Abstract Forthcoming.

Division Of Texas Marital Property On Divorce., Joseph W. Mcknight

St. Mary's Law Journal

Abstract Forthcoming.

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Community Property And The Homestead Student Symposium - Texas Land Titles: Part Ii., Michael F. Archer

St. Mary's Law Journal

Abstract Forthcoming.

Division Of Marital Property On Divorce: A Proposal To Revise Section 3.63., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.

Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson

Articles

The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …

The Interests Of A Wife In Joint Management Community Property Are Not Affected By An Action To Which She Is Not A Named Party., J. Brian Sokolik

St. Mary's Law Journal

Abstract Forthcoming.

The Commingling Of Separate And Community Funds: The Requirement Of Tracing In Texas., Charles J. Fitzpatrick

St. Mary's Law Journal

The status of specific items of property as separate or community property is a frequent subject of divorce litigation in Texas. Spouses will have unfriendly presumptions in favor of the community estate when separate property funds have been commingled. Rebutting these presumptions requires the spouse to trace the original separate property into the particular assets on hand at the time of the dispute. As Texas case law illustrates, however, tracing can be difficult, and a court’s strict adherence to it can cause harsh and often inequitable results. Although there have been instances of courts allowing less than specific tracing, these …

The Federal Income Tax Effects Of The Missouri Version Of The Uniform Divorce Act, Alan Gunn

Journal Articles

The marital property provisions of the new Missouri divorce law render the tax treatment of property transfers and alimony payments unclear. As to property transfers, the problem is that the new law appears to give the wife an interest in property that previously would have been regarded as belonging to the husband. Since this is so, it is possible to argue that a “transfer” of appreciated property to the wife is part of a “division” of property between “co-owners,” and therefore not taxable. Although transfers of appreciated property in connection with a divorce are usually taxable, divisions of community property …

Adopted Children In Pennsylvania: A Class Without A Clause, Bruce M. Dolfman, James Charles Schwartzman

Villanova Law Review (1956 - )

No abstract provided.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Divorce Recognition - A Two-Headed Monster: Full Faith And Credit Due Process, Richard A. Williamson

Faculty Publications

No abstract provided.

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.

Selected Tax Aspects Of Divorce And Property Settlements

Indiana Law Journal

No abstract provided.

Book Review Of Family Property Settlements Future Interests, Oval A. Phipps

Journal of Legal Education

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Abstracts Of Recent Cases, Ellen Fairfax Warder

West Virginia Law Review

No abstract provided.

Domestic Relations -- 1964 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

Though most of the family law decisions of the supreme court and appellate courts of Tennessee reported during 1964 were of the common garden variety, four cases presented issues of notable significance, and in three of them the supreme court seems to have decided questions of first impression in this jurisdiction. As usual, the most common cause of controversy lay in matters of alimony, child support, and property settlements; but there were also decisions regarding grounds for divorce, child custody, the wife's right to damages for loss of the husband's consortium, and the parents' liability for a child's tort. Three …

Property--Joint Tenancy In Join Bank Accounts, John Ralph Lukens

West Virginia Law Review

No abstract provided.

Recent Cases

University of Richmond Law Review

This article is a summary of the case law that occurred in 1964.

Capital Gains Taxation On The "Transfer" Of Appreciated Property From Husband To Wife Pursuant To A Divorce Settlement

Indiana Law Journal

No abstract provided.

Joint Tenancy And Community Property, Yale B. Griffith

Washington Law Review

The public demand in Washington which led to the adoption of the joint tenancy initiative is not surprising in view of the widespread use of this form of title in other states. However, Washington is still a community property state and the people's desire for joint tenancy with its popular survivorship feature does not necessarily indicate their intention to change the community property system. Laymen will commonly use community funds to buy property and will now take title in joint tenancy, fully hoping to have some of the advantages of each. This practice has led to a deluge of litigation …

Abstracts Of Recent Cases, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.

Real Property - Tenancy By The Entireties - Alienabilry Of Right Of Survivorship, Robert Brooks

Michigan Law Review

At an execution sale to satisfy a judgment against her, plaintiff's interest in certain lots which she and her husband held as tenants by the entireties was conveyed to A by sheriff's deed. Subsequently, plaintiff's husband joined A and his wife in a deed of their interest to B, who later conveyed to defendants. After the death of her husband, plaintiff instituted an action as surviving spouse for possession of these lots. The trial court entered a summary judgment for plaintiff, holding that the sheriff's deed conveyed only a severable one-half interest in use and profits of the land …

Personal Property - Gifts - Delivery To Third Party, Thomas A. Dieterich S.Ed.

Michigan Law Review

A husband changed the beneficiary of his life insurance policy from his wife to his mother during a temporary separation and failed to restore his wife as beneficiary after reconciliation. Subsequent to his death the mother, in the presence· of the wife, signed a memorandum "waiving" her policy rights "to" the wife and handed the writing to the insurer's district manager. Before payment of the proceeds the mother discovered that the wife was the beneficiary of another policy and attempted to revoke the memorandum. In insurer's interpleader action, a gift to the wife was recognized. On appeal, held, affirmed. …

Descent And Distribution - Joint Ownership - Imposition Of Constructive Trust On Murderer Of Co-Tenant, John B. Schwemm S.Ed.

Michigan Law Review

A husband, owning land with his wife as tenants by the entireties, killed her and immediately thereafter committed suicide. In an action to determine ownership of the realty, both the probate and appellate courts declared that since a relevant disinheritance statute was inapplicable, full title vested in the husband and, upon his death, descended to his heirs. On appeal, held, reversed. Despite the common law nature of such tenancies, equity will impose on the husband a constructive trust in one-half the property for the benefit of the victim's estate. National City Bank of Evansville v. Bledsoe, (Ind. 1957) …

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 approved …

Real Property - Adverse Possession - Title Acquired By Husband And Wife, Richard S. Rosenthal, George F. Lynch S.Ed.

Michigan Law Review

John and Maltie Preston moved onto a parcel of land in 1910 where they lived until 1950 when John died intestate. Maltie died intestate in 1954. Title to the land had been perfected by twenty years adverse possession. Evidence showed that the adverse possession was intended to inure to their joint benefit. Complainants, collateral heirs of John, sued in ejectment claiming that John took the whole title by exclusive adverse possession. Defendants, collateral heirs of Maltie, claimed a tenancy by the entirety had been created, with the survivor, Maltie, becoming the sole owner. The court of appeals ruled that the …

An Analysis Of Marriage Trends And Divorce Policies, Robert S. Redmount

Vanderbilt Law Review

Divorce law, theoretically, is the embodiment of policies governing the dissolution of marriage. It is the legal expression of the values attached to marriage and implicitly states the law's understanding of the marital relationship, at least that part of it that reflects conflict and disturbance.

The analytic discourse which follows briefly assesses the roles and meanings of marriage, the sources and consequences of marital disharmony and the complications of marriage dissolution. The history and composition of divorce policies and laws is carefully savored and sharply scrutinized for fidelity to the reason and experience of marriage. The outcome of this analysis …