Deciding the fate of the family pet in a divorce is a little more complicated than deciding who gets Great Aunt Sara’s heirloom trinkets, yet most states consider pets as mere property. New Jersey, however, is one state that recognizes the uniqueness of pets and the sentimental value we attach…
Judges may invoke specific performance remedy, appeals panel says By Mary Pat Gallagher New Jersey Law Journal March 10, 2009 When couples break up, judges can decide who gets custody of pets based on their unique sentimental value, a New Jersey appeals court ruled Tuesday, setting a precedent in the…
What if you do not have a will, you only have a few weeks left to live, and you do not want your spouse to inherit your estate? In New Jersey, a surviving spouse has a right of election to take an elective share of one-third of the augmented estate…
Gruber v. Rixford, N.J.Super.A.D., 2007 (unpublished opinion). A same sex couple purchased a townhouse together, in which title was held solely in defendant’s name as was the mortgage on the property. The plaintiff expended approximately $55,000 toward the purchase of the townhouse. After the parties broke up, the plaintiff alleged…
In a divorce where defendant was the recipient of a disability pension benefit from the New Jersey Police and Firemen’s Retirement System, plaintiff was not allowed to receive that part of the pension representing reimbursement for disability and economic loss. Larrison v. Larrison, N.J.Super.A.D.,2007, April 05, 2007. The Larrison Court…