What methods do courts use to determine a division of marital assets? Include both community property states and those that follow equitable distribution rules.
What will be an ideal response?
An equitable distribution of marital assets may be based on factors such as the length of the marriage, grounds for divorce, assets, debts, income, health, employability of the parties, and the acquisition and preservation of the property and the ability to acquire capital assets in the future. Eight states have community property statutes that state that all property acquired by either spouse during a marriage is their joint property, and is owned equally by the spouses, regardless of who purchased the property or in whose name title is held. Separate or non-marital property is property acquired prior to the marriage or received by gift or inheritance by one spouse during the course of the marriage. In the event of divorce, all community property is distributed equally between the spouses.
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A leasehold that lasts for as long as the landlord and tenant agree, and which may be terminated at the will of either party upon reasonable notice, is a:
a. Tenancy for years b. Tenancy from period to period c. Tenancy at will d. Tenancy at sufferance
A conflict-of-interest check on a potential client should include what two steps??
What will be an ideal response?
Which of the following is NOT true with respect to modification of separation agreements?
A) The agreement itself may provide for modification under certain circumstances. B) If the agreement is incorporated and survives as an independent contract, the family court must modify it based on a change in circumstances. C) No matter what the agreement says, the family court may modify provisions relating to child custody and support. D) Many courts will modify an agreement that is incorporated and survives based on a more than substantial change in circumstances that will render one of the parties a public charge.
Anthony Lewis, Gideon’s Trumpet. Vintage Books, 1989.
What will be an ideal response?