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Lots of topics have attracted my interest lately, so I will be posting on the following subjects over the next few weeks: Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part II Fractional Interest Discounts in Real Estate “Transmutation” of Separate Property Another Take on Non-Transferrable Goodwill: MUM’s the Word! Spoliation of Evidence in Business Valuation Contests

Earlier this week I posted the introduction to this post, in which I examined the cases from Pennsylvania and other jurisdictions that lead me to believe that a breach does not create a right of rescission unless the breach is so substantial that it cannot be remedied through money damages. The Pennsylvania cases are not conclusive, but lend their support to this theory. Pennsylvania Cases Estate of Barilla, 535 A.2d […]

In Pennsylvania, under the long-standing authority of Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990), premarital agreements are inviolate unless there has been a lack of full and fair disclosure. Prior law which required that a prenuptial agreement make a reasonable provision for the dependent spouse has been eliminated. Moreover, the standards for finding a lack of full and fair disclosure are exceedingly difficult to meet, as subsequent […]

I heard about it, and read about it (thanks, Death&Taxes!), but I didn’t see the episode of the TV series 30 Rock when Jack and his wife Bianca settled their divorce. The negotiations were heated: Bianca: I want our divorce to be final.Jack: All right. I want back all the jewelry I ever bought you.Bianca: Fine.Jack: I want the art supplies that I gave you on your 40th birthday, and […]

The Tennessee Court of Appeals issued a decision in May 2006 that addresses the lingering question of whether gains from the sale of marital property may be included in income for child support purposes: the old “double dip” dilemma. In Moore (2006), the partial owner of a cycle shop settled his divorce in 1991, retaining his interest in the business as part of his equitable distribution. Child support was set […]

The mid-winter blahs have slowed down my posting. Hopefully this little gem will prime the pump. From the Pittsburgh Post-Gazette: Man accused of giving severed kitten’s head to his ex Friday, February 02, 2007Pittsburgh Post-Gazette An Aliquippa man is accused of giving his ex-girlfriend a gift-wrapped package containing the severed head of a kitten. According to the Animal Friends organization, a Mt. Washington woman called police Jan. 28 when she […]