Murphy v. Murphy’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “2. Definition. For purposes of this section, “marital property” means all property acquired by either spouse subsequent to the marriage, except: [[Image here]] E. The increase in value of property acquired prior to the marriage and the increase in value of a spouse’s nonmari-tal property as defined in paragraphs A to D. (1) “Increase in value” includes: (a)Appreciation resulting from market forces; and ■(b) Appreciation resulting from reinvested income and capital gain unless either or both spouses had a substantial active role during the marriage in managing, preserving or improving the property. (2) “Increase in value” does not include: (a) Appreciation resulting from the investment of marital funds or property in the nonmarital property; (b) Appreciation resulting from marital labor; and (c) Appreciation resulting from reinvested income and capital gain if either or both spouses had a substantial active role during the marriage in managing, preserving or improving the property.”

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

2. “Revised section 953(2)(E)(l)(a) establishes that to the extent a party demonstrates that the increase in value of a spouse’s nonmarital stock resulted from “market forces,” the increased value is nonmarital property regardless of whether the spouse or spouses played a substantial active role in managing the stock. In addition, sections 953(2)(E)(l)(b) and (2)(c) establish that to the extent a party demonstrates that the increase in value of a spouse’s non-marital stock resulted from reinvested income and capital gain, the increased value is nonmarital property unless it is also established that “either or both spouses had a substantial active role during the marriage in managing, preserving or improving the property.””

   1 later decision quote this exact passage
   e.g. Hedges v. Pitcher