Ch2CaseBriefs - Chapter 2 Concept of Property In Re...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Chapter 2 Concept of Property In Re Marriage of Graham 194 Colo. 429, 574 P.2d 75 (1978) Facts: The parties to this proceeding were married on August 5, 1968, in Denver Colorado. Throughout the six-year marriage, Anne P. Graham, wife and petitioner here, worked as an airline stewardess. Her husband, Dennis J. Graham, respondent, worked part-time throughout the marriage but mainly attended school and obtained a bachelor of science degree in engineering physics and a master's degree in business administration at the University of Colorado. After graduation he received a job with a starting salary of $14,000 per year. No marital assets were accumulated during the marriage but the petitioner had contributed 70% of financial support for her husband's education and for family expenses. The couple did not have children. They jointly filed a petition for dissolution on February 4 1974. The trial court found that, in accordance with the Uniform Dissolution of Marriage Act, an education obtained by one spouse during a marriage is jointly-owned property which the other spouse has a property right. Issues: Does property include an educational degree, such as an M.B.A.? If so, should the earnings of a job acquired because of the degree be allocated as property? Analysis: There must be limits upon what may be considered "property" and the court did not find any indication in the Uniform Dissolution of Marriage Act that supports an educational degree. The definition of property is "everything that has an exchangeable value or which goes to make up wealth or estate." Blacks Law Dictionary 1382 An educational degree does not have exchange value or any type of value that can be transferred on an open market. Decision: Reversed in favor of respondent. A person's earning capacity should not be recognized as a separate item of property. _______________________________________________________________________ __________________________ Misclassification of Fixtures as Personal Property Ex Parte Brown 485 so. 2d 762 (Ala. 1986) Facts: Ruby and Louis Brown were divorced in November 1983. The Husband was awarded the family home, "including all fixtures and realty appurtenant thereto."
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/19/2012 for the course BLS 443 taught by Professor Humbauch during the Fall '11 term at Miami University.

Page1 / 4

Ch2CaseBriefs - Chapter 2 Concept of Property In Re...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online