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What Is the Current State of Florida Law?
Recent cases indicate that lower courts are at odds with certain theories underlying TBE principles, and h...
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DOMESTIC property division; marital property; traceability; active and passive appreciation; tax consequences.
... in McDonald, Ohio, and Big Pine Key, Florida. The trial court determined the appreciation in v...
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The passive appreciation of a marital home deemed a nonmarital asset is subject to property division in a divorce, the Florida Supreme Court has ruled in reversing judgment.
The parties lived for 27 years in a home that the husband purchased for $36,500 six months before their marriage.
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... entitled to discount the value of three marital trusts for claims by ESOP members against the mari... in qualified terminable interest property ("QTIP"). Upon the decedent's death, the decedent'.... Florida Governor signed into law H.B. 253, which amended F...
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... recent cases, one in Tennessee and two in Florida, are illustrative. So, for no other reason than th... In equitable distribution states, marital property subject to division by the court is defin...
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..., ERLENBACH & ERLENBACH, P.A., Titusville, Florida, for Appellee. ON BRIEF: Vernon E. Inge, Jr., LECL... effect an equitable distribution of the marital assets. After the divorce, Robert Roberge filed fo... to any attempt to dispose of the marital property. 11 U.S.C. § 362. Kay Roberge, unaware of her for...
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... by the estate's asserted entitlement to marital and charitable deductions. While the estate's rede... valuation to determine the value of property included in the gross estate for estate tax purpos..., pro se; and for the Tax Section of The Florida Bar by Jerald David August and James J. Freeland. ...
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Introduction. I. Legal Consequences Of Unmarried Cohabitation. A. The Traditional Legal Treatment of Unmarried Cohabitants. B. Recent Recognition of Limited Legal Consequences of Unmarried Cohabitation. 1. Property Rights. 2. Domestic Violence. 3. Housing Discrimination. II. The Marital Privileges. A. The Spousal Testimonial Privilege. B. The Marital Communication Privilege. C. A Closer Look at the Purpose of the Marital Privileges. III. Recognizing A Cohabiting-Parent Privilege. A. Protecting Children of Unmarried Cohabitants. 1. The Effects of Parental Separation. 2. The Instability of Unmarried Cohabitation. 3. Protecting Children of Same-Sex Couples. 4. The Cohabiting-Parent Privilege Would Not Endanger Children. B. The Cohabiting-Parent Privilege Would Not Undermine Marriage. 1. Th...
... communications, the Supreme Court of Florida explained that "[s]ociety has a deeply- rooted int...
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... Law, Public Interest Law, and Real Property, Probate and Trust Law--be allowed to advocate the... held in joint tenancy by the entities is marital property. . * Supports legislation to create a pre...