Friday, February 03, 2006

Follow up; "The (divorce) baked meats did coldly furnish forth the re-marriage tables;" apologies Hamlet. Supreme Court's Strunk ruling gets the attention of family law scholars from its approving an apparently "conditional" judgment in a divorce decreeFamily Law Prof Blog. Ex wifes transferring real estate she gained from divorce settlement incorporated into a decree to joint tenancy with new husband triggered her owing the exhusband $75K.
The Nebraska Supreme Court affirmed. Strunk v. Chromy-Strunk, 270 Neb. 917, January 20, 2006. While noting that ordinarily conditional judgments are void, the court stated that this rule does not extend to equity or to equitable relief. "Rather, where it is necessary and equitable to do so, a court of equitable jurisdiction may enter a conditional judgment and such judgment will not be deemed void simply by virtue of its conditional nature."

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