Young v. Young’s Empirical Analysis

Citation profile

1 district · 28 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. “"Section 14-05-24, N.D.C.C., requires the court to make an equitable distribution of the marital estate. . . . '" [A]ll of the real and personal property accumulated by the parties . . . , regardless of the source" must be included in the marital estate to be divided by the trial court.'. . . We have repeatedly held '[s]eparate property, whether inherited or otherwise, must initially be included in the marital estate.'. . . The origin of the property is only one factor to consider under the Ruff-Fischer guidelines, even if the property was acquired before the marriage or inherited. . . . We have never held that property brought into a marriage or acquired by gift or inheritance by one spouse, be irrevocably set aside to that spouse."”

   2 later decisions quote this exact passage
   e.g. Hageness v. Hageness · Severson v. Severson

2. ““ ‘[A]ll of the real and personal property accumulated by the parties ..., regardless of the source’ must be included in the marital estate to be divided by the trial court.” Glander v. Glander, 1997 ND 192, ¶ 10 , 569 N.W.2d 262 (quoting Gaulrapp v. Gaulrapp, 510 N.W.2d 620, 621 (N.D.1994) (emphasis in original)). We have repeatedly held “[s]eparate property, whether inherited or otherwise, must initially be included in the marital estate.” Gaulrapp v. Gaulrapp, 510 N.W.2d 620, 621 (N.D.1994) (citations omitted). See also Grinaker v. Grinaker, 553 N.W.2d 204, 208 (N.D.1996); van Oosting v. van Oosting, 521 N.W.2d 93, 96 (N.D.1994). We have held a trial court can only apply the Rujf-Fiseher guidelines after all the assets are included in the marital estate. Gaulrapp, 510 N.W.2d at 621 (emphasis ours). The origin of the property is only one factor to consider under the Rujf-Fiseher guidelines, even if the property was acquired before the marriage or inherited. Winter v. Winter, 338 N.W.2d 819, 822 (N.D.1983). We have never held that property brought into a marriage or acquired by gift or inheritance by one spouse, be irrevocably set aside to that spouse. Grinaker, 553 N.W.2d at 208 .”

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

3. “The trial court’s Memorandum Opinion, dated May 2, 1997, and incorporated by reference into its findings of fact and eon-elusions of.law, awards certain items of property to Gene as “premarital or akin to premarital property of Gene ... as such” and awards certain items of property to Dorothy “that are akin to premarital property as they are, in a sense, replacements of premarital property” and awards them “as such.” It is clear from the trial court’s Memorandum Opinion that it never included the “premarital” property in the marital estate. The court initially separates out this property and distributes it and then determines the net value of , the marital ■ estate listing its values of the property and the debt. This method of determining the marital estate indicates an erroneous view of the law.”

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