Category: Equitable-distribution

When parties jointly file a stipulation of dismissal, the dismissal is generally without prejudice unless otherwise stated in the notice or stipulation

Posted in *All Posts, Dismissal For Failure To Prosecute, Divorce, Equitable-distribution, Stipulations

The family court may, in order to prevent a substantial injustice, exercise discretion to reopen previously completed divorce proceedings to address issues of equitable distribution which were not otherwise addressed or waived in a matrimonial settlement agreement, or raised by either party in a formally filed Notice of Final Judgment

Posted in *All Posts, Divorce, Entire Controversy Doctrine, Equitable-distribution, Laches, Litigation, Relief from judgment

Equitable distribution of the parties’ marital assets rests within the sound discretion of the trial court

Posted in *All Posts, Divorce, Equitable-distribution

When a party in possession of the former marital home fails to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, in violation of court order, the court may grant equitable relief

Posted in *All Posts, Divorce, Equitable-distribution, Property-settlement-agreement, Settlement agreement

Pension benefits derived from the joint efforts of the parties are subject to equitable distribution

Posted in *All Posts, Divorce, Equitable-distribution

The purpose of equitable distribution law is at least in part an acknowledgment that marriage is a shared enterprise, a joint undertaking, that in many ways it is akin to a partnership

Posted in *All Posts, Divorce, Equitable-distribution

The party alleging dissipation of marital assets has the burden of proof on the issue

Posted in *All Posts, Dissipation of marital assets, Divorce, Equitable-distribution

A non-owning spouse may be eligible for a share of the mortgage paydown during the marriage on an otherwise exempt, premarital property

Posted in *All Posts, Divorce, Equitable-distribution

Personal property acquired during the marriage does not automatically becomes joint property

Posted in *All Posts, *Published case, Divorce, Equitable-distribution, Property

Where an innocent bank granted a mortgage on realty based on the husband’s forgery of the wife’s signature, the bank’s claim would not be defeated by a subsequent transfer of the realty to the wife as equitable distribution in a divorce proceeding

Posted in *All Posts, Divorce, Equitable-distribution, Fraud, Real-estate