Previously, I blogged on the Appellate Division’s reported (precedential) decision in Kay v. Kay. The New Jersey Supreme Court granted Certification and the New Jersey Judiciary web site advises that the decision will be released on January 6, 2010.
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.
Check back soon for a post on the Supreme Court’s decision.