Previously, I blogged on the Appellate Division’s reported (precedential) decision in Kay v. Kay.  To view my prior post, click here.  The New Jersey Supreme Court granted Certification and will be hearing arguments on this case during this term. 

To reiterate what this case is about, the Appellate Division held that when the estate of a spouse who died while an action for divorce is pending presents a claim for equitable relief related to marital property, the court may not refuse to consider the equities arising from the facts of that case solely on the ground that the estate may not assert equitable claims against the marital estate sounding in constructive trust, resulting trust, quasicontract or unjust enrichment. In that case, the husband died basically penniless and the wife had assets in excess of $650,000 at the time. 

As the family court is a court of equity, it will be interesting to see how this will come down.  When this decision comes down, we will post again about the final result.

 

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