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Ferguson, 639 So.2d 921 (Miss. 1994), [2] the court described equitable distribution of marital property at divorce as more fair, or equitable, than the separate property system. The court may consider such factors as "substantial contribution to the accumulation of the property, the market and emotional value of the assets, tax and other ...
Separate Property with Equitable Distribution: Under this system, when substantially more property acquired during a marriage is owned by one spouse (e.g. title to all marital property is held in the husband's name only), the courts will make an equitable distribution of the richer spouse's property at death or dissolution of the marriage.
The community property concept originated in civil law jurisdictions but is now also found in some common law jurisdictions. U.S. states with community property laws draw primarily from the marital property laws under the civil law of France and Spain. [10] Division of community property may take place by item by splitting all items or by values.
Marital property, also known as marital assets, spousal assets or community property, matters when it comes to taxes, estate law and divorce. In most cases, separate property applies to the assets ...
Community property (United States) also called community of property (South Africa) is a marital property regime whereby property acquired during a marriage is considered to be owned by both spouses and subject to division between them in the event of divorce. Conversely, property owned by one spouse before the marriage, along with gifts and ...
Equitable distribution is the law in New York that determines the division of property at the end of a marriage. The court examines thirteen factors [citation needed] in determining the fair division of the property that was accumulated during the marriage and the debts of the parties. The courts have routinely held that equal distribution is ...
In civil and property law, hotchpot (sometimes referred to as hotchpotch or the hotchpotch rule) is the blending, combining or offsetting of property (typically gifts) to ensure equality of a later division of property. [1] [2] The Court of Chancery, Plate 22 of Microcosm of London (1808).
One of the key issues in the matter was whether assets held within the family trust should be considered part of the marital property available for distribution between the parties. After a hearing at the Melbourne Family Court, Justice Strickland delivered judgement setting aside the 1998 instrument, and ordered that Spry pay his wife the sum ...