Topic
Equitable Distribution
186 published works
Divorce: New York
Dividing the Appreciation and Mortgages on the Separate-Property Residence
By Neil Cahn
Dealing with the appreciation in value during the marriage of a marital home owned by one spouse before the marriage has been, perhaps, the most troublesome area of New York’s…
NJ Family Legal Blog
What Does Equitable Distribution Mean for a Medical Practice?
You work hard in high school, graduate top of your class in college, go on to graduate medical school, spend the longs hours and dedication needed to finish your residency,…
New Jersey Law Blog
Equitable Distribution in the Declining Real Estate Market
By John S. Eory
On October 25, 2011, the Appellate Division of the New Jersey Superior Court decided that the case of B. v. B. (names redacted for privacy) and recognized the significant decrease…
New Jersey Law Blog
Equitable Distribution and Domestic Partnerships in New Jersey
There is no such thing as a right to equitable distribution of property during the dissolution of a domestic partnership. This right only accrues to individuals who have entered into…
NJ Family Legal Blog
Did a Property Transfer Occur? Husband Could not Rely on the Property Settlement Agreement to Compel the Sale of the Marital Home Because the Deed Controlled.
By Eliana Baer
An interesting issue was recently considered by the Court in the case of Muller v. Muller. Specifically, the Appellate Division examined whether a husband could compel the sale of the…
New Jersey Law Blog
Equitable Distribution Agreements Will Not Be Adjusted by a Court Even if There Are Changed Circumstances Due to a Poor Economy
In a recent New Jersey divorce case (Crimi v. Crimi), the parties entered into a Property Settlement Agreement on March 25, 2005, whereby the Wife was to receive the net…
New Jersey Law Blog
In a Divorce, Are Retirement Accounts Subject to Equitable Distribution?
I have found that many of my clients who are going through a divorce have a lot of misconceptions regarding the division of their retirement accounts they established before their…
NJ Family Legal Blog
Husband's Sweat Equity Awards Him Greater Share of Marital Real Estate – Is a Slippery Slope Afoot?
In cases where a party owns a business, as justification for a disproportionate split of the business in equitable distribution, we often hear that the titled spouse has to be…
NJ Family Legal Blog
What happens When the $1 million in Stock You Get in Equitable Distribution Turns out to Be Worth Nothing
What happens when an asset divided in equitable distribution really isn't worth what you think it was? That was an issue in the Simkin case that I have blogged about in…
NJ Family Legal Blog
Supreme Court Says That Unless You Specifically Agree Otherwise, Date of Value for a House is the Date of Distribution
Last year, we published a post entitled He Who Hesitates (To Sell Former Marital Home) May Have Lost. However, the Supreme Court disagreed in Sachau v. Sachau decided May 11, 2011. In Sachau, the marital…