Assuming the bikes were acquired post-marriage, pre- complaint I don't see how his efforts don't qualify as active appreciation with the new...

Family Law   Post New Message Re: Sweat Equity Valuation Reply to Group Reply to Sender Feb 7, 2016 1:39 PM T. Sandberg Durst, Esq Assuming the bikes were acquired post-marriage, pre- complaint I don't see how his efforts don't qualify as active appreciation with the new values on in the martial pot. Perhaps a disproportionate allocation. Sandy Sent from my iPhone   Reply to Group Online   View Thread   Recommend   Forward   You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.

Eric - I agree with Hanan and Sandy. He's out there sweating and doing the work, presumably without her help, but it was marital effort. The...

Family Law   Post New Message Re: Sweat Equity Valuation Reply to Group Reply to Sender Feb 7, 2016 4:19 PM David Perry Davis, Esq Eric - I agree with Hanan and Sandy. He's out there sweating and doing the work, presumably without her help, but it was marital effort. The increase is subject to distribution, but 75% / 25% sounds a lot more "equitable" than 50/50. That's be $9,000 him, $3,000 her. So offer her $2,000 and settle on $3,500? If you're all attending mediation together across a table, I would hope she'd agree that 50/50 isn't fair, but she gets something. <x-sigsep> Please confirm that you received this email and referenced attachments (if any). - Dave David Perry Davis, Esq. ----------------------------------------------------    www.FamilyLawNJ.pro ---------------------------------------------------- 112 West Franklin Avenue Pennington, NJ 08534 Voice: 609-737-2222 Fax:    609-737-3222 </x-sigsep>   Reply to Group Online   View Thread   Recommend   Forward   You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.

Right on!

Francis G. Grather, Esq.

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If you want to be technical, the following should be asked: how much time was devoted to the project? What was the wife doing during this time ... -posted to the "Family Law Section" community

Family Law   Post New Message Re: Sweat Equity Valuation Reply to Group Reply to Sender Feb 8, 2016 6:51 PM Lisa S. Harvey, Esq If you want to be technical, the following should be asked:  how much time was devoted to the project?  What was the wife doing during this time (watching children, cooking cleaning, working) that permitted husband to spend his time with the bikes?  The question is: what martial effort on wife's part can be tied into husband's work on the bikes?  That is Schuller at the heart. But who follows the law anyway?  You do run the risk of a 50/50 split, but I agree that the "right" percentage is more 25/75 or even 30/70. Sent from my iPhone   Reply to Group Online   View Thread   Recommend   Forward   You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.

One of the more difficult issues we deal with all the time is the distinction between generally accepted principles of law that have become entrenched and principles of perceived fairness. As with "Beauty", "Fairness" is generally in the eye of the beholder. When conflict arises, we often sympathize with our clients whom we serve. But after sympathy wanes, we are left with the entrenched principles. In this case, one party's efforts during the marriage has produced monetary value but the cycles are not exempt and the increase in value is not passive. If the argument is whether one party's efforts to produce asset appreciation or additional income should result in something other than an equal division of such appreciation or income , I have to ask why there should be any distinction between the given example (rebuilding motorcycles) and any other kind of asset appreciation or active creation of income (painting a house – buying a favorite stock – writing an article).

Quite obviously, the "actor" believes that his individual effort to create value or income is – or perhaps should be – recognized. I cannot see the argument beyond the perceived and understandable notion of "unfairness". Of course, this is just one person's opinion and I do understand that there are other examples of asset appreciation that are NOT divided equally such as one person's efforts to increase the value of a closely held corporation which typically result in 30/33% division between spouses.

I have not read that case, but isn't that part of the appeal of practicing in this area? We have generally accepted notions from which we can depart if the circumstances dictate. If anyone remembers Bill Brennan (son of the Justice), he used to be a partner in my first out of Law School job as an Associate. And I will always remember his advice on a touchy area, "it is those times when you are arguing with your client that you are earning your money as an attorney". Not 100% accurate but when faced with exceptional circumstances, one of the most difficult jobs we have is to a) retain a client's trust and yet b) advise the client that such circumstances often result in departures from the norm and to your own client's (sometimes) disappointment.

What about Falkowski? (2011-Unpublished). Affirmed unequal distribution. ------------------------------ Jenny Berse Esq. Cranford NJ (855) FAM... -posted to the "Family Law Section" community

Family Law   Post New Message Re: Sweat Equity Valuation Reply to Group Reply to Sender Feb 11, 2016 1:14 PM  |    view attached Jenny Berse, Esq What about Falkowski? (2011-Unpublished).  Affirmed unequal distribution.  ------------------------------ Jenny Berse Esq. Cranford NJ (855) FAM-LAW1 ------------------------------   Reply to Group Online   View Thread   Recommend   Forward   Original Message Original Message: Sent: 02-11-2016 11:23 You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.

Let's agree that there are any number of reported cases that conflict with each other? I would agree that such conflicts create instability but there they are. Try looking at the cases that provide an equitable interest in real estate bought by one party "in contemplation of marriage". Now THERE you get really crazy stuff - or those cases where a non-titled spouse acquires an equitable interest in a residence by cleaning it during a marriage. Last I looked, unless one adds something of value to an otherwise exempt asset, real estate is passive but there really are reported cases that go way outside the box. And so it is with other issues in our world. These do create problems and we have to deal with them.