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Equitable Distribution of the Appreciation in Value of Separately Owned Residences
In the period of time since an article we authored with Pamela Sullivan, Esq. appeared in the February 2006 issue of this newsletter, courts continue to differ widely on the issue of the equitable distribution of the appreciation in value of a residence that is the separate property of one party. It is widely believed that a residence's appreciation in value is primarily “passive” in nature resulting from market forces outside of either party's control as opposed to the “active” efforts of either spouse. Yet despite the classification of this appreciation in value as mostly passive in nature, courts still frequently have awarded non-titled spouses a share of the appreciation in a separate property residence due to direct or indirect, financial or nonfinancial, contributions to the economic partnership of the marriage ' often without any demonstrated nexus between such contributions and the increase in value of the residence.
Unfortunately, financial and nonfinancial contributions are generally not spelled out in the judicial decisions, particularly when only the appellate, and not the trial, decision is published. However, it seems clear that courts distribute the appreciation in separately owned residences based upon fact-sensitive, case-by-case inquiries as well as assessments of the parties' meeting their respective burdens of proof and the credibility of each party's evidence. The overarching goal of the courts appears to be reaching an equitable result considering each party's role in, and contributions toward, the marital relationship and the acquisition of marital property.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.