In Re Marriage of Kunze

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that commingling is pertinent to the determinations whether the statutory presumption has been rebutted and what is a just and proper division of property
• holding that the ultimate determination of what is just and proper is discretionary
• concluding that the wife had overcome the presump- tion of equal contribution where “wife presented undisputed evidence that the equity at issue * * * had originated solely from her separate funds”
• stating that the statutory presumption was inapplicable to “premarital equity” in property that wife had conveyed to husband as a co-owner during the marriage
• explaining that the “just and proper” inquiry takes into account various social and financial objectives of dissolution in determining whether the division is equitable
• stating that one consideration that bears on a spouse’s intent is “the degree of reliance upon the disputed property as a joint asset”

Source: CourtListener parenthetical corpus (CC0).