Recoupment Revisited

Everyone loves a surprise ending, right? Maybe. Just don’t ask the spouse who owned a home prior to marriage, and expected she would be able to keep the home as her separate property in the divorce, only to find out that her husband has an interest in the value of the...

The Marital Residence and Separate Property

For most people, their most valuable asset is their home. If your home was purchased during your marriage and is titled jointly in the names of you and your spouse, dividing this asset in a divorce would seem to be a simple matter – sell it and split the proceeds...

Separate (But Different) Property

The idea that there must be legal distinctions for practical differences has always carried with it a related, if somewhat less popular idea — where there are no practical differences, there should be no legal distinction. And yet legal distinctions abound when...