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September 2015 Archives

Partition: Rights to Property in Long-Term (non-marital) Relationship

People are generally understanding of the law with regard to equitable distribution in a divorce, including the exemptions for pre-marital property and gifts/inheritences.  However, when two people never get married but live together, their rights are less clear.  Fortunately (or unfortunately depending upon which side of the equation you are on), the courts have equitable powers to ensure fairness.

Divorced Parents--How to Ensure Reimbursements For Kid's Expenses

A major issue for divorced parents surrounds requests for reimbursement of medical expenses and extracurricular expenses which are to be shared between the parents.  Beyond the stress of the financial burden that a parent may be under when the reimbursements are not made and the stress of having to chase down the other parent for money, the accounting can be a nightmare.  Worse yet, because the total sums of money may not be terribly significant, it is often not worthwhile to consistently file enforcement motions to get an Order confirming the amount of reimbursements that are due.  Of course, it is never surprising to find that the other parent miraculously has reimbursable expenses of their own, for which they seek an offset but for which they have never previously requested repayment.

Domestic Violence--Destruction of Jointly Owned Property

In an interesting published Appellate Division case, the Court considered whether the destruction of jointly owned marital property could form the basis of a claim for a Final Restraining Order with "Criminal Mischeif" serving as the predicate act.