214 N.J. Super. 545 - Daeschler v. Daeschler’s Empirical Analysis
1986
Citation profile
20 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2013
20 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 363 · 26 U.S.C. § 7403
Relies on United States v. Rodgers · Liotta v. National Forge Co. · Rothman v. Rothman · Painter v. Painter · Newman v. Chase
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]e are satisfied that the protection and advancement of vested family interests affordable by means of a creative, effective, and flexible equitable distribution plan is a desideratum far outweighing any claim of a levying creditor to the fortuitous enhancement, attendant upon divorce of the minimal execution value of the debtor spouse’s interest in a tenancy by the entirety. Here, the spouses were adjudicated by the divorce judgment as tenants in common subject to a 80-20 ownership ratio. The intervenor [creditor who attempted proper levy after the divorce judgment was entered] thus succeeded to the debt- or spouse’s present 20 percent interest in the former tenancy by the entirety.”
1 later decision quote this exact passage · from the majority“Beyond the disparate allegation of ownership interest are those equitable distribution plans whose keystone is the according of a continued post-divorce pos-sessory right to one of the spouses, typically the custodial parent of minor or handicapped children who is unable, because of the family’s limited economic resources, to procure comparable or even adequate alternative accommodation. These arrangements, which constitute not only a mode of division of assets but also an integral part of the overall support and alimony package, take a variety of forms.”
1 later decision quote this exact passage · from the majority“[T]he whole point of equitable distribution is premised on the recognition of marriage as a shared undertaking in which both spouses, by virtue of their pecuniary and nonpecuniary contributions, participate in the process by which assets, irrespective of title thereto, are accumulated during the marriage and are consequently entitled to a fair share of those assets upon dissolution of the marriage. See, e.g., Rothman v. Rothman, 65 N.J. 219, 229 [ 320 A.2d 496 ] (1974).”
1 later decision quote this exact passage · from the majority
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.