Both men had the same parents…William and Clara.
In making this determination, the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.
The distribution of all marital assets and marital liabilities, whether equal or unequal, shall include specific written findings of fact as to the following: An interim order may be entered at any time after the date the dissolution of marriage is filed and served and before the final distribution of marital and nonmarital assets and marital and nonmarital liabilities.
The motion may be filed by either party and shall demonstrate good cause why the matter should not be deferred until the final hearing. Assets acquired and liabilities incurred during the marriage, individually by either spouse or jointly by them.
The enhancement in value and appreciation of nonmarital assets resulting from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both.
The paydown of principal of a note and mortgage secured by nonmarital real property and a portion of any passive appreciation in the property, if the note and mortgage secured by the property are paid down from marital funds during the marriage.
The portion of passive appreciation in Equitable interests property characterized as marital and subject to equitable distribution is determined by multiplying a coverture fraction by the passive appreciation in the property during the marriage. I The passive appreciation is determined Equitable interests subtracting the value of the property on the date of the marriage or the date of acquisition of the property, whichever Equitable interests later, from the value of the property on the valuation date in the dissolution action, less any active appreciation of the property during the marriage as described in sub-subparagraph b.
II The coverture fraction must consist of a numerator, defined as the total payment of principal from marital funds of all notes and mortgages secured by the property during the marriage, and a denominator, defined as the value of the subject real property on the date of the marriage, the date of acquisition of the property, or the date the property was encumbered by the first note and mortgage on which principal was paid from marital funds, whichever is later.
III The passive appreciation must be multiplied by the coverture fraction to determine the marital portion of the passive appreciation of the property.
IV The total marital portion of the property consists of the marital portion of the passive appreciation, the mortgage principal paid during the marriage from marital funds, and any active appreciation of the property during the marriage as described in sub-subparagraph b.
V The court shall apply the formula specified in this subparagraph unless a party shows circumstances sufficient to establish that application of the formula would be inequitable under the facts presented.
Interspousal gifts during the marriage. All vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs.
All real property held by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset. If, in any case, a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.
All personal property titled jointly by the parties as tenants by the entireties, whether acquired prior to or during the marriage, shall be presumed to be a marital asset.
In the event a party makes a claim to the contrary, the burden of proof shall be on the party asserting the claim that the subject property, or some portion thereof, is nonmarital.
The burden of proof to overcome the gift presumption shall be by clear and convincing evidence. Assets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities; 2.
Assets acquired separately by either party by noninterspousal gift, bequest, devise, or descent, and assets acquired in exchange for such assets; 3. All income derived from nonmarital assets during the marriage unless the income was treated, used, or relied upon by the parties as a marital asset; 4.
Assets and liabilities excluded from marital assets and liabilities by valid written agreement of the parties, and assets acquired and liabilities incurred in exchange for such assets and liabilities; and 5.
Any liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse. Any such liability shall be a nonmarital liability only of the party having committed the forgery or having affixed the unauthorized signature.
This subparagraph does not apply to any forged or unauthorized signature that was subsequently ratified by the other spouse. The date for determining value of assets and the amount of liabilities identified or classified as marital is the date or dates as the judge determines is just and equitable under the circumstances.
Such presumption is overcome by a showing that the assets and liabilities are nonmarital assets and liabilities.EQT Corporation (NYSE: EQT) conducts its business through five business segments: EQT Production, EQM Gathering, EQM Transmission, RMP Gathering and RMP Water.
15 8. Dispositions of an equitable interest (B) Dispositions of equitable interests. General reading for this topic: Hudson, section This topic is subtle and complex.
o Generally, their equitable interests are not postponed to a later equitable interest created by the trustees in breach of trust o B/c of the duty of trustees not to abuse their position. An equitable interest is an "interest held by virtue of an equitable title (a title that indicates a beneficial interest in property and that gives the holder the right to acquire formal legal title) or claimed on equitable grounds, such as the interest held by a trust beneficiary.".
Development of Trusts and Equitable Estates. The equitable interest in land developed because of: Equitable estates or interests are only recognized and enforced in the courts of equity; -whereas at common law the legal interest is conclusive of beneficial interest-the right to use and enjoy.
Feb 18, · Equity law. February 18, The provision thus aims at stemming fraud by prohibiting such oral or hidden transfers of equitable interests. Another basis for the provision is to ensure that trustees are able to determine where equitable interests subsist in a trust at any given time.