United states v 1500 lincoln avenue p 392 rule if

United States v. 1500 Lincoln Avenue -
p. 392
Rule- if property is used to commit or facilitate a drug offense, the statute calls for
forfeiture of any interest in that property except for the interest of an innocent owner.
Drug Abuse Prevention and Control Act
p. 397
• provides for a civil forfeiture proceedings in rem. Upon proof that the property is used
in an illegal drug transaction, the property itself is forfeited, except for any interest in an
innocent owner.
• A federal tax lien does not attach to a tenancy by the entirety if only one spouse owes
tax and state law prevents creditors from proceeding against a tenancy by the entirety.
The federal government is treated like an ordinary creditor.
b. Termination of Marriage by Divorce
• At common law, upon divorce property of the spouses remained the property of
the spouse holding title. Property held by the spouses as tenants in common or as
joint tenants remained in such co-ownership. Because the unity of marriage was
severed by divorce, property held in tenancy by the entirety was converted into a
tenancy in common.
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Equitable distribution- property is divided by the court, in its discretion, on equitable
principles. The concept of fault is sometimes expressly included, or ignored, or expressly
excluded as a factor to guide equitable division.
Marital property- in some states it includes all property acquired during marriage by
whatever means (earnings, gifts, or inheritances); in others it includes only property
acquired from earnings of either spouse during marriage.
In re Marriage of Graham - an educational degree is not encompassed in the
broad views of the concept of “property” . It does not have an exchange value or any
objective transferable value on an open market. It is personal to the holder. It terminates
on death of the holder and is not inheritable. It cannot be assigned, sold, transferred,
conveyed, or pledged. It may not be acquired by the mere expenditure of money. It is
simply an intellectual achievement that may potentially assist in the future acquisition of
property.
EXCEPTION (to the rule) :
Elkus v. Elkus - p. 408
Rule - an interest in a profession or professional career potential is marital
property which may be represented by direct or indirect contributions of the non-
title-holding spouse, including financial contributions and nonfinancial
contributions made by caring for the home and the family.
• Things of value acquired during marriage are marital property even though they may
not fall within the scope of traditional property concepts. The statutory definition does
not mandate that it be an asset with an exchange value or be salable, assignable, or
transferable.
c. Termination of Marriage by Death of One Spouse
(1) Common Law
Dower- at common law, the right of a wife, upon her husband’s death, to a
life estate in one-third of the land that he owned in fee.