Chapter2 Marriage Pdf Concept of property. in re marriage of graham 194 colo. 429, 574 p 75 1978. facts throughout the six year marriage of anne p graham and her husband dennis j graham, both parties had stable careers and an income. however, dennis was more focused on his masters education than providing a stable income for his family. As part of the divorce proceeding, the trial court ruled that the mba was divisible property and estimated its worth and future earnings potential. the appellate court reversed and mrs. graham appealed. issue. whether a m.b.a constitutes marital property that can be divided in a divorce proceeding. held. affirmed.
Property Relations Between Husband And Wife Pdf Marriage Civil View notes ch2casebriefs from bls 443 at miami university. chapter 2 concept of property in re marriage of graham 194 colo. 429, 574 p.2d 75 (1978) facts: the parties to this proceeding were. Cause of action remedy sought: the following is a equitable division of marital property in a divorce proceeding. procedural history: trial court held the education obtained by one spouse during a marriage is jointly owned property to which the other spouse has a property right. future earnings were estimated at over $82k, petitioner was. Graham received a bachelor’s degree and a master of business administration during the course of the marriage. they accumulated no marital property during their marriage. the trial court held that one spouse’s education is jointly held property in the marriage and therefore subject to equitable distribution. There are necessary limits upon what may be considered property; one definition is "everything that has an exchangeable value or which goes to make up wealth or estate." in deciding whether something falls in this category, can look to whether it can be assigned, sold, transferred, conveyed, or pledged, or whether it terminated on death of the.
Property Settlement Following Marriage Or Relationship Breakdown Pdf Graham received a bachelor’s degree and a master of business administration during the course of the marriage. they accumulated no marital property during their marriage. the trial court held that one spouse’s education is jointly held property in the marriage and therefore subject to equitable distribution. There are necessary limits upon what may be considered property; one definition is "everything that has an exchangeable value or which goes to make up wealth or estate." in deciding whether something falls in this category, can look to whether it can be assigned, sold, transferred, conveyed, or pledged, or whether it terminated on death of the. In re marriage of graham (cont’d) trial court: “an ‘education’ obtained by one spouse during a marriage is jointly owned property to which the other spouse has a property right.” intermediate appellate court reversed, saying that the value of an education is recognizable such that it will be taken into account in determining. Trial court found that, as a matter of law, an education obtained by one spouse during a marriage is jointly owned property to which the other spouse has a property right. the value was estimated at $82,836 and they found that petitioner contributed 40% to him obtaining this degree, so he was to pay her $33,134. Katherine and jeffrey graham were married in 1992 and had two children during their marriage. while married, jeffrey attended law school, and the couple spent over $12,000 on his tuition and related expenses. jeffrey also took out a separate student loan. in june 1999, jeffrey filed for dissolution of marriage. Conclusion: had the m.b.a. met the definition of property according to the court, it would have been subject to division as marital property since it was acquired subsequent to the marriage and no exception exists. issue 3: should the court take into account the good or bad behavior of a spouse when dividing marital property?.