In Re Marriage of Curda-Derickson v. Derickson
Restitution order for criminal conviction for embezzlement during marriage is not a martial debt. As it was a tort committed by only one spouse.
Restitution order for criminal conviction for embezzlement during marriage is not a martial debt. As it was a tort committed by only one spouse.
Trial court did not erroneously exercise its discretion by finding education debt was not marital and assigning it solely to wife, due to the enhanced education benefit.
Books and articles related to buy/sell agreements in divorce cases.
Obligation for maintenance terminates either upon the death of the wife or upon the death of the husband.
Divorce revokes only those portions of will directed at wife, the remainder stays intact as if the spouse had died.
Family court can exercise jurisdiction where party dies and disposition of house was ordered in divorce judgment. Family court jurisdiction continues until property is disposed of pursuant to provisions of judgment. Both family and probate courts had concurrent jurisdiction.
Divorce granted orally by the court before completion of evidence on division of property. Family court retained jurisdiction over the marital property when H died – probate and family courts have concurrent jurisdiction.
Whether joint tenancy continues after divorce depends on intent of parties.
Oral granting of a divorce at 3:08 p.m. is abated by death of a party at 2:05 p.m.
Deceased party cannot be held in contempt. Cause of action abates upon death.