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Essay / Research Paper Abstract
A 15 page review of how inherited property is typically distributed during a divorce. The author examines several cases from case law. The conclusion is reached that the distribution of inherited property is variable to say the least. This variability is dictated as much by the variability of the particular cases as it is by court discretion. Bibliogrpahy lists 10 sources.
Page Count:
15 pages (~225 words per page)
File: AM2_PPdivInh.rtf
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Unformatted sample text from the term paper:
Divorce has become more and more prominent since the mid-1960s (Zinsmeister, 1997). By 1974 more marriages in the United States ended through
divorce than endured (Stanton, 1997). Today the rate of divorce is higher than it has ever been in the past. Divorce presents a multitude of problems in terms
of how to fairly split up property. These problems are particularly complex when it come to property that one spouse has inherited. The value of inherited property is
not always limited to a dollar figure. Instead, there is often significant emotional attachment to such property. At the same time, however, inherited property is part of the
marital unit. Consequently, decisions must be made as to whom the property will be assigned to as a result of the divorce or whether it will be sold and
the proceeds from that sale split accordingly. The specifics of decisions as to how to distribute inheritance property in a divorce
is affected by a variety of interrelated factors. Those specifics, however, vary considerably not only state by state, but also within a state according to the specific facts surrounding
the case. Considerations regarding how to distribute inheritances can be affected by the specifics under which those inheritances were acquired, the terms of those acquisitions, the timing, how children
of the marriage will be impacted by the distribution, and even how the extended family will be impacted. Additional factors of importance in such decisions include a consideration of
how much alimony and child support is being distributed in a case. Massachusetts serves as a particularly interesting point of exploration in the question of how inherited property is
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