Family Law Case Holdings
Credit
The trial court did not err in awarding defendant credit for one-half of expenses he was required to advance, since subsection (d) of this section prefers property distribution to maintenance awards in providing for the needs of parties to a divorce; the allocation of the net proceeds of this property after the payment of current expenses and expenses of sale was not unreasonable. In re Aud
Criminal Contempt
In divorce proceeding where defendant husband personally appeared at hearing, but failed to produce passbook to savings account as earlier ordered by the trial court, this conduct constituted grounds for a finding of direct criminal contempt. Palacio v. Palacio
De Minimus Claims
The correct procedure to be applied under subdivision (c)(2) of this section is to determine whether either spouse contributed significant personal effort toward non-marital property which resulted in a substantial appreciation of that property; the requirement that no reimbursement is to be made unless a spouse’s personal efforts are significant and result in substantial appreciation of the non-marital property is designed to avoid de minimus claims. In re Morse
Deed
A deed showing that title to property in the name of one spouse was insufficient to show the transfer of the subject real estate was a gift. In re Deem
Desertion
Where husband and wife purchased real estate for uses as a home, and where the marriage was broken by wife without good cause as shown by the uncontested finding of her willful desertion the chancellor was justified in requiring the return to husband of the interest in the real estate standing in the name of wife. Shipman v. Shipman
