The "Black Hole"
Supreme Court Affirms Kay Decision – Estate of Litigant Who Dies During Divorce Can Make Equitable Claims
Previously, I blogged on the Appellate Division’s reported (precedential) decision in Kay v. Kay. The New Jersey Supreme Court granted Certification and the decision was rendered on January 6, 2010. In a per curiam decision (i.e. no one specific Supreme Court Justice authored the opinion), the Appellate Division decision was affirmed for substantially the reasons set forth in Judge Grall’s appellate opinion.
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.
The Appellate Division and now Supreme Court 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. This case rejects the holding in Krudzlo v. Krudzlo, a reported trial court opinion from 1990.Continue Reading Supreme Court Affirms Kay Decision – Estate of Litigant Who Dies During Divorce Can Make Equitable Claims
SUPREME COURT DECISION IN KAY V. KAY EXPECTED TO BE RELEASED ON 1/6/10
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…
Continue Reading SUPREME COURT DECISION IN KAY V. KAY EXPECTED TO BE RELEASED ON 1/6/10
Can the Estate of Spouse Who Dies During a Divorce Seek Equitable Distribution: Kay Case Before the NJ Supreme Court
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…
Appellate Division Holds That The Estate of a Spouse Who Died During Pending Divorce Is Not Barred from Seeking Equitable Relief
On January 28, 2009, the Appellate Division issued a reported (precedential) opinion in Kay v. Kay that held that when the estate of a spouse who died while an action for…