Maybe a court is required to split all marital property in such a manner.
The State pointed out the absence of Internet searches on topics like separation, divorce, child custody or marital property.
Second, your use of the McCourt case as an example of how division of marital property can become enormously complex was probably not the best choice.
And you need to make a decision whether--you know, that's something that will happen in the negotiations in terms of what you're going to do with the marital property.
The commission also recommended abolishing another unique area of New York law known as the O'Brien precedent, which considers licenses or degrees earned during the marriage to be marital property.
By using a prenup, both parties can decide in advanced what property will be considered separate property, what property will be considered marital property and how that marital property should be divided.
Parties will have already decided what property will be considered separate property (owned by one spouse), what property will be marital property (shared ownership) and how the martial property will be dealt with in the event of a break-up.
Even the existence of court-like institutions, dealing in particular with marital and property issues, caused little fuss as long as everybody involved recognised the absolute primacy of the law of land.
ECONOMIST: Faith, law and democracy: Defining the limits of exceptionalism | The
Back in 2004, a veteran Bingham trusts-and-estates partner named Lawrence Silverstein prepared a marital-property agreement for the McCourts that distinguished the couple's business assets, including the then-newly acquired Dodgers baseball team, from their personal assets, in order to protect the latter from possible business creditors.
But no matter where you live, whether an all-property or marital only state, all sources of income , whether from separate or marital trust funds, will be included when support obligations are set.
Last I checked, Connecticut, Indiana, Kansas, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Oregon, South Dakota and Vermont allow basically all forms of property in the "marital pot, " regardless of how, from whom or when the property was acquired by either spouse.
In fact, the only way to change the character of separate property, like a family trust or gift funds, would be to commingle them with "marital" accounts with the explicit intent to share ownership or control with the other spouse.
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