197 W. Va. 505 - Smith v. Smith’s Empirical Analysis
1996
Citation profile
10
cited by 10 later decisions
3
states following
February 2008
most recently cited
10 state decisions
Relationships
Relies on 194 W. Va. 263 - Burnside v. Burnside · Hoffmann v. Hoffmann · 74 N.C. App. 144 - McLeod v. McLeod · Marriage of Nardini v. Nardini · 182 W. Va. 271 - Shank v. Shank
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.
“Passive appreciation of separate property of either of the parties to a marriage, or that increase “which is due to inflation or to a change in market value resulting from conditions outside the control of the parties,” is separate property which is not subject to equitable distribution. 13”
2 later decisions quote this exact passage“Active appreciation of separate property of either of the parties to a marriage, or that increase which “results from (A) an expenditure of funds which are marital property, including an expenditure of such funds which reduces indebtedness against separate property, extinguishes liens, or otherwise increases the net value of separate property, or (B) work performed by either or both of the parties during the marriage” is marital property which is subject to equitable distribution. 14”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.