178 W. Va. 786 - Kaminsky v. Kaminsky’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We believe the rule discussed above is a sound one, and therefore hold that reconciliation presumptively invalidates all executory provisions of a separation agreement, but does not affect any provision of such an agreement that has been executed. This rule reflects the fact that most couples who enter into a separation agreement contemplate a lasting separation, and ordinarily divorce, as part of the bargain. It presumes that couples who call off the separation intend to call off the division of property as well. It also protects legal title and unknowing purchasers of transferred property, while leaving the parties free to voluntarily reverse executed transfers. [at 802]”

   1 later decision quote this exact passage
   e.g. 233 N.J. Super. 145 - Brazina v. Brazina

2. “Thus, the marital home conveyed to Mrs. Kaminsky pursuant to the separation agreement, including any increase in the value thereof, is the separate property of Mrs. Kaminsky, not subject to equitable distribution. Likewise, the $30,000 proceeds from the sale of the real estate conveyed to Mrs. Kaminsky, including appreciation and earnings thereon, is the separate property of Mr. Kaminsky, not subject to equitable distribution.”

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

3. “the proceeds from the sale of separate property and all earnings on those proceeds remain the separate property of Mr. Kaminsky.”

   1 later decision quote this exact passage
   e.g. 183 W. Va. 477 - Koontz v. Koontz