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Nonmarital Property
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In Kentucky, marital property is divided pursuant to KRS 403.190 “without regard to marital misconduct in just proportions considering all relevant factors including.” Not all property is marital property. The statute sets aside nonmarital property which is not subject to equitable division. KRS 403.190(2) describes nonmarital property as follows: “(a)Property acquired by gift, bequest, devise,...
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NORMANDIN V. NORMANDIN Husband and Wife divorced and the family court entered an order on child support, maintenance, and property division. Wife appealed challenging the family court’s conclusions of law on a number of issues. Wife first argued that the trial court erred in failing to make adequate findings and by considering the nonmarital inheritance...
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JONES V. LIVESAY After dissolution of marriage proceeding, Wife appealed on four issues. The Court of Appeals begins with a lengthy discussion of substantial compliance because Wife failed to follow the Civil Rules. First, Wife argues that “the visitation schedule is improper and should be set aside.” As she did not advance a substantive argument...
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COBANE V. COBANE   In a dissolution of marriage proceeding with complex assets, Husband appealed on a variety of asset classification, valuation, and division issues.  
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LEWIS V. FULKERSON Both Husband and Wife appealed Court Order entered after a trial on all issues. Wife argued that the family court erred in finding that all of the proceeds from the sale of Husband’s businesses were his nonmarital property. Husband argued the family court erred in determining the character of Wife’s Trust corpus...
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ALBERT W. BARBER, III V. ELIZABETH D. BRADLEY Husband appealed to the Court of Appeals arguing the trial court erred by finding the equity in the parties’ residence was marital property and ordering the division of household goods and furnishings by lot. The Court of Appeals affirmed the trial court. The Supreme Court granted discretionary...
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GRASCH v. GRASCH Husband, an attorney, and Wife, who managed his law firm, divorced after a thirty year marriage. After four years of litigation, the parties appealed and cross appealed numerous issues for the Appellate Court to review. Contingency Fees The first issue the Appellate Court addresses is whether contingency fee cases are marital property...
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MCVICKER V. MCVICKER At trial, husband made several nonmarital claims, and argued for a 70/30 split of marital property in his favor, since he cared for the parties adult disabled child. The Family Court found that Husband had nonmarital claims in the home and in a Morgan Stanley account. It also split the parties’ marital...
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Middleton v. Middleton Interesting 50 page opinion and dissent addressing characterization of distributions from family trust, nonmarital tracing and standard of proof, division of marital personalty, assignment of debt, attorney fees and costs.
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