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Articles Posted in Constructive Trust

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The Haunting Trinity of Vexing Valuation issues in High Asset Matrimonial Litigation

ABOUT THE PROGRAM “High asset matrimonial litigation is complex involving a myriad of financial issues. Non is more vexing than asset valuation. Our informative webinar, featuring some of the state’s leading matrimonial lawyers, judges and matrimonial professionals will review the asset valuation questions that can arise in an high income…

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Use of Cohabitation Agreements to Protect Unmarried, Cohabiting Romantic Partners Upon Separation

In modern society, it is common for unmarried couples to live together without being married.  When an unmarried cohabiting couple separates, however, the rights to equitable distribution and alimony does not exist.  No matter how long an unmarried couple has lived together, they do not have the legal rights and…

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Supreme Court of New Jersey Addresses Debate Over Enforcement of Premarital Promise to Share in an Asset

For many years Palimony actions were proliferating. Spurned on by the original landmark palimony case filed against actor Lee Marvin by his former girlfriend in California. palimony actions gave hope that people (usually women) in long term relationships without marriage would have some financial rights when the romantic relationship went sour.…

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Supreme Court of New Jersey Imposes Constructive Trust to Avoid a Spouse Being Unjustly Enriched by Avoiding Equitable Distribution of Deferred Compensation

On December 12, 2016 the Supreme Court of New Jersey decided the case of Thieme-v-Aucoin-Thieme, regarding equitable distribution and/or the use of a constructive trust in a post-judgment dispute over deferred compensation paid to one spouse after the parties’ divorce. In this case, the Plaintiff/Husband had been employed by a…

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