Author Question: A party seeking to establish that he or she did not intend for separate property to lose its ... (Read 24 times)

waynest · **on:** Aug 3, 2018

A party seeking to establish that he or she did not intend for separate property to lose its separate identity must be able to ________ the separate nature of the property throughout the marriage.

Fill in the blank(s) with correct word

Question 2

Pete sees the end of his thirteen-year marriage fast approaching in the rear-view mirror. He can't understand why Patricia wants to divorce him now, after thirteen years. She should be used to his gambling, after all, he only lost half this year of what he lost the previous year. Patty told him that she forgave him when she found out on his credit card statement that he had taken his brother's junior legal assistant to Cabos on a conference, and he really needed the money in their Christmas account for pocket-money on the trip. He just doesn't understand. She seems so angry, and she keeps saying I'll get everything now Pete is just happy that Patty didn't find out about that little fine for solicitation he had to pay for what he claims was just a misunderstanding. In a no-fault jurisdiction, how do you think the court might distribute the assets of the marriage? What are the court's options? What other factors of misconduct might the court consider?

What will be an ideal response?

perkiness · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

Trace

Answer to Question 2

Students may include in their response such conduct as excessive credit card debt for needless expense, excessive gambling during the marriage, concealing assets after service of divorce papers, cashing out joint accounts without the consent of the spouse, etc., and the court's options such as award a greater percentage of the assets to the innocent spouse.