168 N.C. App. 368 - Allen v. Allen’s Empirical Analysis

Citation profile

30 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This Court has recognized that in equitable distribution cases, a pre-trial order containing a stipulation that all property to be classified, evaluated, and distributed . . . [is] binding upon the parties as to all assets classified as marital property. See Hamby v. Hamby, 143 N.C. App. 635, 642-43 , 547 S.E.2d 110, 114-15 (2001) (where parties stipulated in pre-trial order that retirement and deferred compensation plans were marital property, neither party could later challenge this classification). However, with respect to any property not listed in the pre-trial agreement between the parties, plaintiff has not waived its inclusion in the equitable distribution. See Fitzgerald v. Fitzgerald, 161 N.C. App. 414, 418 , 588 S.E.2d 517, 521 (2003) (plaintiff spouse did not waive inclusion of defendant’s profit-sharing plan in marital property distribution where parties did not enter into any agreement concerning the plan prior to trial).”

   1 later decision quote this exact passage
   e.g. Plomaritis v. Plomaritis

2. “N.C. Gen. Stat. § 50-20 (e) (2003) creates a presumption that an in-kind distribution of marital or divisible property is equitable, but permits a distributive award to facilitate, effectuate, or supplement the distribution. The judgment of equitable distribution must contain a finding of fact, supported by evidence in the record, that the presumption in favor of an in-kind distribution has been rebutted. In the instant case, the trial court did not make findings pertaining to the presumption that an in-kind division of the property was equitable. Yet, the record contains evidence that defendant’s business was a closely held corporation and not susceptible of division. Such evidence would support a finding that the in-kind presumption was rebutted. We remand for the entry of further findings of fact regarding the basis for the court’s distributive award.”

   1 later decision quote this exact passage
   e.g. 236 N.C. App. 9 - Clark v. Dyer

3. “'Marital property' means all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of separation of the parties , and presently owned, except property determined to be separate property or divisible property[.]”

   1 later decision quote this exact passage
   e.g. 253 N.C. App. 85 - Miller v. Miller