Patterson v. Chrysler Group Addendum Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the…
Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000) There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from…
In North Carolina, a stipulation, in the legal context, is an agreement between the parties in a lawsuit. It is most commonly used by parties to extend deadlines for responding to discovery or to agree on a factual finding that is uncontested. It can be done to minimize costs in…
Desai v. Desai, No.COA20-435 (July 2021) (unpublished) An interim distribution is an order of the court that can be entered anytime after the filing of the equitable distribution (ED) claim and before the final judgment on equitable distribution. In these interim orders, the court can classify, value, and distribute certain…
Desai v. Desai, No.COA20-435 (July 2021) (unpublished) Often in matrimonial cases, one party might question whether jewelry gifted to a spouse can be taken back in the property division phase of a separation and divorce. Jewelry and other assorted gifts often represent everlasting love and affection between spouses, so it…
Ostanek v. Ostanek, Slip Opinion No. 2021-Ohio-2319 Issues with division of retirement accounts are seemingly springing up all over the place. At heart in most of these cases is a domestic relations order. Those are the orders of court that instruct an entity to, in short, divide the retirement funds.…
Unpublished Opinion – No. COA19-566 Carmen Cousin and Terry Cousin were married for seventeen years. They separated in May 2016. Upon separating, Carmen filed a complaint, which included a claim for equitable distribution. Terry then filed an answer, which included a counterclaim for equitable distribution. In the final equitable…
Dechkovskaia v. Dechkovskaia, 232 N.C. App. 350 (2014) Equitable Distribution is a mechanism by which former spouses separate their personal and real property. Sometimes the spouses may have some marital (or divisible) interest in a third party’s property. One example is when a couple resides at one spouse’s parent’s residence,…
In Equitable Distribution, we often ask clients about the debts that they accrued during the marriage and the value on the date of separation. This is because the judge is required to classify, value, and distribute marital property. But it may not always include debts incurred during marriage. The debts…
Wall v. Wall, 140 N.C. App. 303 (2000). Former spouses in North Carolina can split their property in an action for Equitable Distribution (ED). In order for the Court to make a decision on distributing property, it needs an inventory affidavit of all property owned as a product of the…