Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Nate Russell (talk | contribs) |
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<blockquote><tt>(5) In determining whether to decline jurisdiction under subsection (4), the court must consider all of the following:</tt></blockquote> | <blockquote><tt>(5) In determining whether to decline jurisdiction under subsection (4), the court must consider all of the following:</tt></blockquote> | ||
<blockquote><blockquote><tt>(b) the relative convenience and expense for the spouses and their witnesses;</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) the relative convenience and expense for the spouses and their witnesses;</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(c) if section 108 [choice of law rules] applies, the law to be applied to issues in the proceeding;</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) if section 108 [choice of law rules] applies, the law to be applied to issues in the proceeding;</tt></blockquote></blockquote> | ||
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<blockquote><tt>(1) Subject to section 85 [excluded property], family property is all real property and personal property as follows:</tt></blockquote> | <blockquote><tt>(1) Subject to section 85 [excluded property], family property is all real property and personal property as follows:</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) on the date the spouses separate, | <blockquote><blockquote><tt>(a) on the date the spouses separate, </tt></blockquote></blockquote> | ||
<blockquote><blockquote><blockquote><tt>(i) that is owned by at least one spouse, or</tt></blockquote></blockquote></blockquote> | <blockquote><blockquote><blockquote><tt>(i) property that is owned by at least one spouse, or</tt></blockquote></blockquote></blockquote> | ||
<blockquote><blockquote><blockquote><tt>(ii) | <blockquote><blockquote><blockquote><tt>(ii) a beneficial interest of at least one spouse in property;</tt></blockquote></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(b) after separation, | <blockquote><blockquote><tt>(b) after separation,</tt></blockquote></blockquote> | ||
<blockquote><blockquote><blockquote><tt>(i) acquired by at least one spouse, or</tt></blockquote></blockquote></blockquote> | <blockquote><blockquote><blockquote><tt>(i) property acquired by at least one spouse if the property is derived from property referred to in paragraph (a) (i) or from a beneficial interest referred to in paragraph (a) (ii), or from the disposition of either, or</tt></blockquote></blockquote></blockquote> | ||
<blockquote><blockquote><blockquote><tt>(ii) | <blockquote><blockquote><blockquote><tt>(ii) a beneficial interest acquired by at least one spouse in property if the beneficial interest is derived from property referred to in paragraph (a) (i) or from a beneficial interest referred to in paragraph (a) (ii), or from the disposition of either.</tt></blockquote></blockquote></blockquote> | ||
<blockquote><tt>(2) Without limiting subsection (1), family property includes the following:</tt></blockquote> | <blockquote><tt>(2) Without limiting subsection (1), family property includes the following:</tt></blockquote> | ||
<blockquote><blockquote><tt>(a) a share or an interest in a corporation;</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(a) a share or an interest in a corporation;</tt></blockquote></blockquote> | ||