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A-House-Divided-Stephens-Active-Appreciation-Rule.pdf

🔗 Source: koenigdunne.com

📊 Size: 228 KB

📄 Pages: 6 pages

⬇️ Downloads: 96

Summary

Ally and Bella, a married couple, face a legal battle over $1 million in appreciation from the sale of Ally's inherited home. Nebraska law previously struggled to determine whether appreciation earned on nonmarital assets during marriage should be exempt from equitable division. The Nebraska Supreme Court adopted the "active appreciation rule" in Stephens v. Stephens (2017), which divides all appreciation earned during marriage on nonmarital assets unless the titled spouse proves it was not due to active efforts of either spouse. This rule presumes appreciation is marital property, and the titled spouse must satisfy a passive appreciation exception to rebut this presumption. The active appreciation rule has settled the debate on dividing appreciation but may create new issues in determining what constitutes active efforts.

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Description

Ally and Bella, a married couple, face a legal battle over $1 million in appreciation from the sale of Ally's inherited home.

Technical Information

File Format: PDF
File Size: 228 KB
Pages: 6
Language: EN
Total Downloads: 96
Last Updated: 1 month ago

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