Tag: enterprise

Exclusive Possession of Marital Residence

July 07, 2010 | Divorce, Legal Perspective, Marital Property

Icon for author Brian Vertz Brian Vertz

A thorny┬áissue that arises early in many divorce proceedings is the question of who may live in the marital residence during the separation period. Generally speaking, the courts will not evict either spouse from the marital residence during separation if they are living together peacefully and have not voluntarily moved away. This principle leads some devious spouses to seek questionable or even fraudulent protection from abuse (PFA) orders. Spouses who […]

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Another Big Decision: Personal Goodwill in Kentucky

Apparently the new frontier in divorce litigation is personal goodwill. Following closely on the heels of May (W.Va.2003) and other divorce decisions, the Supreme Court of Kentucky held recently that the non-transferrable goodwill of a professional practice was properly excluded from the marital estate. The subject business in Gaskill v. Robbins┬á(2/17/09) was an oral surgery practice, operated by the wife, without associate professionals. The wife’s expert presented an asset-based valuation, […]

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