Innerbichler v. Innerbichler PDF

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ST. JOHN'S FAMILY LAW I - Professor: Jennifer Baum; Case brief and class notes from casebook titled "Modern Family Law: Cases and Materials" by Weisberg and Appleton...

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FAMILY LAW FALL 2020 CASE BRIEF/LECTURE NOTES Innerbichler v. Innerbichler Pg. 700 FACTS • 14 yr marriage • 41 years old when married wife was 33 • have one child who was born may 1, 1986 • after 11 years of marriage husband moved out • appellant co founded TAMSCO while married to previous wife • court granted wife $2,880,000 in addition to alimony on July 27,1998 ISSUE! did the trial court err in granting the monetary award to appellee by improperly finding that the increase in value in TAMSCO was marital property? HOLDING! REASONING • Marital property under the statute does not include property acquired before the marriage, by inheritance or gift, excluded by valid agreement, or directly traceable to any of these sources • 3 step procedure for monetary award: o (1) for each disputed item of property the court must determine whether it is martial or nonmarital o (2) court must determine the value of the marital property o (3) decide if the division of martial property according to title will be unfair ▪ factors to consider on pg. 704 on top • the evidneece summarized the court’s conclusion that the value of TAMSCO soared after the marriage • he owns 51% of TAMSCO • the court did not err...