| I. Introduction. |
1 |
| |
| II. Checklists. |
1 |
| A. Marshalling Data. |
1 |
| 1. Potential Parties. |
1 |
| 2. Potential Witnesses. |
1 |
| 3. Potential Documents. |
2 |
| B. Data Sources. |
6 |
| |
| III. Predicates. |
7 |
| A. General Predicates. |
7 |
| 1. Blackboards / Sketchpads. |
7 |
| 2. Business Records. |
8 |
| 3. Motion Pictures. |
9 |
| 4. Photographs |
10 |
| 5. Physical Evidence: Articles and Objects. |
12 |
| 6. Summaries. |
14 |
| 7. Tape Recordings. |
15 |
| 8. Television Tapes. |
17 |
| 9. Videotapes. |
19 |
| 10. Views. |
21 |
| B. Valuing Valuation. |
22 |
| |
| IV. Property. |
22 |
| A. Real Estate |
22 |
| B. Personal Property. |
23 |
| |
| V. Factors Considered in Dividing Property. |
25 |
| A. General. |
25 |
| B. Particular Factors. |
25 |
| 1. Future Need for Support. |
25 |
| 2. Fault in the Breakup of the Marriage. |
25 |
| 3. Disparity of Incomes or of Earning Capacities. |
25 |
| 4. Spouses Capacities and Abilities. |
26 |
| 5. Benefits the Innocent Spouse Would Have Derived from the Continuation of the Marriage. |
26 |
| 6. Business Opportunities. |
26 |
| 7. Education and Training. |
26 |
| 8. Relative Physical Conditions. |
26 |
| 9. Relative Financial Condition and Obligations. |
26 |
| 10. Disparity of Ages. |
27 |
| 11. Size of Marital Estate. |
27 |
| 12. Size of Non-Marital Estate. |
27 |
| 13. Expected Inheritance of Spouses. |
27 |
| 14. Nature of Property. |
27 |
| 15. Attorneys Fees. |
27 |
| 16. Custody of Children. |
28 |
| 17. Reimbursement Between Estates. |
28 |
| 18. Gifts to Spouse During Marriage. |
28 |
| 19. Excessive Marital Property Gifts to Others. |
28 |
| 20. Wasting Marital Assets. |
28 |
| 21. Out of State Property. |
28 |
| 22. Tax Consequences. |
29 |
| 23. Credit for Temporary Alimony Paid. |
29 |
| 24. Insurance Proceeds. |
29 |
| 25. Fraud. |
29 |
| 26. Torts. |
29 |
| |
| VI. Techniques For Division of Property. |
29 |
| A. Partition Or Sale Of Property. |
30 |
| B. Sale Of Homestead. |
30 |
| C. Setting Aside Homestead. |
30 |
| 1. General. |
30 |
| 2. Limitations Upon Use of Homestead. |
30 |
| 3. Obligation to Make Payments, Etc. |
30 |
| 4. Disposition of Proceeds. |
31 |
| D. Sole Proprietorship. |
31 |
| E. General Partnership. |
31 |
| 1. General. |
31 |
| 2. Division of Partnership Interests. |
31 |
| 3. Cannot Award Specific Partnership Assets. |
32 |
| 4. Effect of Award to Non-Partner Spouse. |
32 |
| F. Limited Partnerships. |
33 |
| 1. General. |
33 |
| 2. Division of Divorce. |
33 |
| G. Joint Ventures. |
33 |
| H. Closely Held Corporations. |
34 |
| 1. General. |
34 |
| 2. Alter Ego. |
34 |
| I. Professional Practice. |
34 |
| J. Goodwill. |
35 |
| 1. General. |
35 |
| 2. Goodwill of Professional Practice. |
35 |
| K. Foreign Personality. |
36 |
| L. Money Judgment. |
36 |
| 1. General. |
36 |
| 2. Terms of Payment. |
36 |
| 3. Security for Payment. |
36 |
| 4. Execution of Promissory Note. |
37 |
| 5. Settlement of Breach of Contract Action. |
37 |
| M. Appointment Of Receiver, Trustee, Or Commissioner. |
37 |
| 1. General. |
37 |
| 2. No Bond Required. |
37 |
| N. Equitable Lien. |
37 |
| 1. General. |
37 |
| 2. Judgment Lien Distinguished. |
38 |
| 3. Lien on Homestead. |
38 |
| 4. Lien on Separate Property. |
38 |
| O. Property Purchased In Name Of Third Parties. |
39 |
| P. Fraudulent Transfers Of Property. |
39 |
| 1. General. |
39 |
| 2. Gifts to Third Parties. |
40 |
| 3. Transfers to Paramours. |
40 |
| 4. Fraudulent Concealment and Dissipation. |
40 |
| 5. Remedies. |
41 |
| Q. Constructive Trustee. |
41 |
| R. Debts And Encumbrances. |
42 |
| 1. Debts Owned to Third Persons. |
42 |
| 2. Disposition of Exempt Property. |
42 |
| 3. Disposition of Non-Exempt Property. |
42 |
| 4. Right of Indemnity. |
42 |
| 5. Right to Reimbursement. |
43 |
| S. Tax Liabilities. |
43 |
| 1. Tax is Not a Debt. |
43 |
| 2. Liability for Tax Assessments. |
43 |
| 3. Payment and Reimbursement. |
43 |
| T. Beneficial Interests In Insurance Policies. |
43 |
| U. Retirement Benefits. |
44 |
| V. Bankruptcy And Divorce. |
44 |
