Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."