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- Title
PROTECTING THE RIGHT TO MARITAL PROPERTY: ENSURING A FULL EQUITABLE DISTRIBUTION AWARD WITH FRAUDULENT CONVEYANCE LAW.
- Authors
Ellis, Benjamin M.
- Abstract
The article discusses the laws that constitute marital property rights protection for couples who are divorcing in the U.S. It offers insights on the laws of equitable distribution and fraudulent conveyances and discusses the current statutory safeguards against conveyances which are designed to deprive a spouse of marital property upon equitable distribution, property restraints, and adjustments of economic misconduct. Furthermore, it argues that in legal proceedings courts must clearly express a standard which will consider a spouse to be creditor which would prevent the spouse from receiving a full equitable distribution award.
- Subjects
UNITED States; MARRIAGE law; EQUITABLE distribution of marital property; MARITAL property; DIVORCE; PROPERTY rights; LEGAL procedure; SPOUSES' legal relationship; FRAUDULENT conveyances
- Publication
Cardozo Law Review, 2009, Vol 30, Issue 4, p1709
- ISSN
0270-5192
- Publication type
Article