How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88710
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

Can you site case law that pertains to one spouse being unduly

Resolved Question:

Can you site case law that pertains to one spouse being unduly enriched at the expense of the other by a court ordered action during a divorce proceeding?.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry about your situation. I am going to send several citations, but, without knowing more, it is hard to know exactly what you are looking for. Please let me know if you need anything else or something more specific.

Coney v. Coney, 503 A. 2d 912 - NJ: Superior Court, Chancery Div. 1985 (Internal citations omitted.)
"The court may impose a resulting trust where one party purchases property with consideration furnished in whole or in part by the other party with the intention by the title holder to hold the title in trust for the party providing the consideration. he constructive trust theory, the quasi-contract theory, and quantum meruit theory are not based upon any actual intent of the parties, but are arbitrarily imposed by the court to prevent an unjust enrichment."

"Defendant suggests that this court declare the property to be non-marital and plaintiff's remedy limited to the mortgage pay-down, as set forth in Griffith, supra. Without question, such a result would be grossly inequitable to plaintiff and result in an unjust enrichment to defendant. If the equitable distribution statute does not apply to the facts of this case, the court will impose the equitable remedies to avoid that result."

Mahoney v. Mahoney, 442 A. 2d 1062 - NJ: Appellate Div. 1982
"A working spouse who contributes to the education of another spouse does so certainly with the expectation that there will be in the future some benefit derived from such a sacrifice. The court is convinced that the facts of this case and the interrelationship of the parties mandate some credit to the working spouse by the spouse who pursued and achieved an education during the marriage. To ignore the contributions of the sacrificing spouse would be to work an injustice, an unfair advantage to the spouse who has gained the education and degree without obligation. There would be an unjust enrichment of the educated spouse."
Kozlowski v. Kozlowski, 395 A. 2d 913 - NJ: Superior Court, Chancery Div. 1978
"Our case law supports the equitable principle that unjust enrichment of one party at the expense of the other will not be tolerated. The acceptance of valuable services performed under circumstances justifying the conclusion that it would be inequitable to allow the recipient to enjoy the benefit without compensation therefore supports relief by way of quantum meruit, quasi-contract, constructive trust or implied contract, as may be appropriate if no express contract exists. Our rules permit the employment within the pleadings of any or, in the alternative, all of these theories of relief. R. 4:5-6 and R. 4:5-7; see also, Power-Matics, Inc. v. Ligotti, 79 N.J. Super. 294, 304 (App. Div. 1963)."

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

This involves distribution of "equity" in the marital home at the time the home prices were inflated. It caused me to ad on debt in a refinance and take on a higher interest rate. The mortgage also doubled. The property is now under water and the other party has been unduly enriched at my expense. He is now seeking to collect more from my pension. I would like consideration for the sum he has already received that has placed a financial burden on me. At least 50% of it should be returned or credited.

Expert:  Ely replied 1 year ago.
Thank you for your reply.

You state:

"I must respond to a tentative order entered by a judge based on a motion that was filed. I am preparing a response."

What order do you mean? Do you mean the final order? A temporary order? Which motion? Can you tell more, please?
Customer: replied 1 year ago.

It will be a final order if I don't respond in two days. My ex filed a motion to have his rights enforced by my pension company to be paid because I am currently in payment status. He is not in payment status. I have been in payment status since July 2011. I'm sure he is going to try to get back payments.


Also, my retirement was only temporary to deal with my health issues. I expect to be back to work within a year.

Expert:  Ely replied 1 year ago.
B,

Thank you for your reply.

In this case, Kozlowski v. Kozlowski, 395 A. 2d 913 - NJ: Superior Court, Chancery Div. 1978 applies, arguably:

"Our case law supports the equitable principle that unjust enrichment of one party at the expense of the other will not be tolerated. The acceptance of valuable services performed under circumstances justifying the conclusion that it would be inequitable to allow the recipient to enjoy the benefit without compensation therefore supports relief by way of quantum meruit, quasi-contract, constructive trust or implied contract, as may be appropriate if no express contract exists. Our rules permit the employment within the pleadings of any or, in the alternative, all of these theories of relief. R. 4:5-6 and R. 4:5-7; see also, Power-Matics, Inc. v. Ligotti, 79 N.J. Super. 294, 304 (App. Div. 1963)."

I do not believe you will find anything else more on point.

Keep in mind that case law may be used in argument, but it is suggestive, and the Judge may or may not agree. But this should at the very least help the argument.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Do you think it would also help if I mention the fact that I only retired temporarily for a health condition that needed to be address, which by the way existed before the marriage and that my ex was fully aware of it?

Expert:  Ely replied 1 year ago.
Friend,

Thank you for your follow up.

I believe so. It may also be prudent to illustrate that the other party was aware, via an email/text or other record where they demonstrate said knowledge, if such a record exists.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88710
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney
 
 
 
Chat Now With A Family Lawyer
Ely
Ely
Family Lawyer
88710 Satisfied Customers
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.