marital property law

• Marital bank accounts as entireties property: what is the current state of Florida law?

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...

• Florida Bar Journal
• Vol. 73 Nbr. 4, April 1999

• Pancake v. Pancake, (Ohio 2012)

CIVIL LAW: marital property, separate property, retirement plan, inter vivos gift, abandoned property, divorce

• Ohio Supreme Court

• Maryland Court of Special Appeals: Heger V. Heger

Family Law Marital and non-marital property

• The Daily Record (Baltimore)
• February 17, 2009

• Wife Gets Share of Husband's Pi Settlement in Divorce

A personal injury settlement obtained by a husband following separation was marital property subject to division in his divorce, the Pennsylvania Supreme Court has ruled. An exception provided in the state's law defining marital property excludes from division "[a]ny payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.

• Lawyers USA
• December 14, 2011

• Machesky v. Machesky, (Ohio 2011)

CIVIL LAW: divorce, spousal support, marital property, marital debt, waiver, invited error, objections to the magistrate's decision, abuse of discretion, unreasonable and excessive

• Ohio Supreme Court

• Bray v. Bray, (Ohio 2011)

CIVIL LAW: divorce, plain error, property value, equitable division of marital property, abuse of discretion, credibility of witnesses, mistrial, attorney's fees, appellate rules, disregard assignments of error, citations to legal authority, new arguments

• Ohio Supreme Court

• Should Separate Property Gradually Become Community Property as a Marriage Continues?

• Louisiana Law Review
• Nbr. 72-1, October 2011

• Hirt v. Hirt, (Ohio 2006)

Divorce – marital property – attorney fees – law of the case.

• Ohio Supreme Court

• Death and the Home Sale Gain Exclusion

In 1997, IRC section 121 established one of the most beneficial planning devices in the Tax Code. Married couples who have owned and used a dwelling as their principal residence for two years or more during the five-year period ending on the date of the sale of the home are able to exclude up to $500,000 of realized gain. Forty-one states, including New York, New Jersey, and Connecticut, follow common-law rules with respect to marital property. With respect to inherited property, the issues are even more significant when a surviving spouse sells the home. IRC section 1014(b)(6) gives a significant advantage to couples who hold property in community property form. Generally, from 2006 to 2008, individuals can pass up to $2 million through their estates before being subject to the estate ...

• CPA Journal, The
• Vol. 76 Nbr. 8, August 2006

• Oldacre v. Oldacre, (Ohio 2010)

CIVIL LAW: divorce, marital property, appreciation of property, separate property, appellate rules, disregard assignments of error, citations to legal authority, new arguments on appeal

• Ohio Supreme Court