Oberhansly v. Oberhansly

How courts have described this case

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

• noting party’s appeal of court’s decision regarding tax consequences of particular property division was question of law not subject to Rule 52(b)
• instructing trial court on remand to “consider the actual tax consequences” incurred and “reassess whether the division of property remains equitable”
• upholding uneven property division because, among other reasons, court “properly considered [spouse’s] fault in allowing most of the household debts to fall in default and in paying personal debts out of marital assets”
• husband’s willful mismanagement of marital assets during separation justified unequal division of property
• \[T]he proper course would have been for the court to ... order the parties to present points and authorities or introduce expert testimony to support their positions about the tax effects of distributing the retirement account.\
• “Given adequate factual findings, and a demonstration that the trial court weighed those facts in reaching its conclusion, we will not overturn a property division unless it is clearly unjust.” (quoting Lang, 741 P.2d at 1196)

Source: CourtListener parenthetical corpus (CC0).