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Marital Property

Wyoming Supreme Court
Uncategorized

Ribera v. Ribera — Wyoming Supreme Court Affirms Divorce Decree on Custody, Property Division, and Rule 35 Motion

The Wyoming Supreme Court affirmed a Park County divorce decree awarding Mother primary custody and $624,500 in equitable distribution, holding that Father’s W.R.C.P. 35 motion for psychological evaluations was untimely and lacked good cause, that the district court properly reached assets Father transferred to his nonprofit during the proceedings under the badges-of-fraud doctrine from Breitenstine, and that Father was barred by invited error from challenging the shared custody arrangement for the family dog.

Court of Appeals of Indiana
Uncategorized

Hicks v. Hicks — Contingent Sale Provision Creating 4%/96% Property Split Was Abuse of Discretion When Court Found Only a Slight Deviation Warranted

The Indiana Court of Appeals reversed a dissolution decree’s property division because a contingent forced-sale provision—triggered if the husband could not refinance the mortgage—would have awarded the wife 96% of the marital estate, dramatically contradicting the trial court’s own finding that only a slight deviation from equal division was warranted.

Court of Appeals of Mississippi
Uncategorized

Gaudin v. Gaudin — IRA Split Using Proportional Employment Method and Diamond Ring as Separate Gift Property Both Affirmed

The Mississippi Court of Appeals affirmed an irreconcilable-differences divorce decree, upholding a proportional time-of-employment method for splitting a pre-marital IRA (40% marital based on twelve of thirty employment years falling within the marriage), classifying an anniversary diamond ring as the recipient spouse’s separate property, and rejecting a Rule 59 challenge based on post-trial home-sale evidence that did not exist at the time of hearing.

Court of Appeals of Mississippi
Uncategorized

Sullivan v. Sullivan — Divorce Property Division Reversed; Court Erred on Term Life Insurance and Post-Separation Assets

The Mississippi Court of Appeals reversed and remanded the property division in a 40-year marriage, holding that the chancery court committed reversible error by attributing $290,000 in cash value to Betty Sullivan’s term life insurance policies over her uncontradicted trial testimony and by including post-demarcation assets in the marital estate, and that Rule 59(a) required the court to correct that manifest error when documentary proof was provided on reconsideration.

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