In Re Marriage of Ayres v. Ayres
A portion of the retained earnings of a gifted corporation were undistributed dividends and were thus marital property subject to division.
In Re Marriage of Derr v. Derr
Apartment building is separate asset, but the related mortgage debt is subject to division.
Grumbeck v. Grumbeck
Though a circuit court may consider substantial gifted assets when dividing the marital estate, it may not divide the marital estate to work a de facto splitting of those assets when there is no hardship.
Daubert v. Merrell Dow Pharmaceuticals Inc.
The Federal Rules of Evidence, not Frye, provide the standard for admitting expert scientific testimony in a federal trial.
Wright v. Wright
Husband traced non-divisible stock and there was no evidence of donative intent. Trial court did not err in finding that husband was not responsible for appreciation of company stock. Retained earnings were not marital since they represented insurance proceeds from loss of an asset.
Steinmann v. Steinmann
Tracing and transmutation principles may be employed outside the context of gifted and inherited property, in this case, to property initially classified as individual property under a marital property agreement.
Estate of Lanzendorf
Principles of donative intent are applicable to property classified as individual under a MPA. Tracing is not limited to gifted and inherited property. Analysis does not differ because MPA is applied to determine ownership upon death rather than a divorce.
In Re Marriage of Baxter v. Baxter
The only property that remains individual property and not subject to division upon divorce is property acquired before or during the marriage by gift or by reason of the death of another, or acquired with funds from either source. Premarital property is not excluded.
Marriage of Sobczak v. Sobczak
Daubert applies only to actions and special proceedings commenced on or after February 1, 2011.
In Re the Commitment of Alger
Daubert applies only to actions and special proceedings commenced on or after February 1, 2011.