Gripshover v. Gripshover’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) the trial court first characterizes each item of property as marital or nonmarital; (2) the trial court then assigns each party’s nonmarital property to that party; and (3) finally, the trial court equitably divides the marital property between the parties. An item of property will often consist of both nonmarital and marital components, and when this occurs, a trial court must determine the parties’ separate nonmari-tal and marital shares or interests in the property on the basis of the evidence before the court. Neither title nor the form in which property is held determines the parties’ interests in the property; rather, Kentucky courts have typically applied the “source of funds” rule to characterize property or to determine parties’ nonmarital and marital interests in such property. The “source of funds rule” simply means that the character of the property, i.e., whether it is marital, nonmarital, or both, is determined by the source of the funds used to acquire the property.”

   1 later decision quote this exact passage · from the majority
   e.g. Ensor v. Ensor

2. “fraudulent or dissipative transfers of marital property may be avoided or otherwise counteracted so as to vindicate a spouse’s interest in support or in an equitable division of the marital estate. Barriger v. Barriger, 514 S.W.2d 114 (Ky.1974); Harley v. Harley, 255 Ky. 370 , 74 S.W.2d 195 (1934); May v. May, 33 Ky. L. Rptr. 193 , 109 S.W. 352 (1908); Solomon v. Solomon, 383 Md. 176 , 857 A.2d 1109 (Md.2004); Hofmann v. Hofmann, 94 Ill.2d 205 , 68 Ill.Dec. 593 , 446 N.E.2d 499 (Ill.1983). See Lee R. Russ, “Divorce—Dissipation of Assets,” 41 A.L.R.4th 416 (1985) and J.R. Kemper, “Inter Vivos Trust—Impairing Spouse’s Right” 39 A.L.R.3rd 14 (1971). Generally, however, a finding of fraud or dissipation requires that the challenged transfer be made in contemplation of divorce with the intent to impair the other spouse’s interest. See Russ and Kemper, supra. See also, Robinette v. Robinette, 736 S.W.2d 351 (Ky.App.1987) (dissipation).”

   1 later decision quote this exact passage · from the majority
   e.g. Ensor v. Ensor

3. “it is clear that the parties’ estate plan did not contemplate an immediate transfer of the realty to the trust. The realty was transferred to the partnership to be used by the partnership for partnership purposes, including cooperation with the Gripshover Family Limited Partnership # 2, the farming operation. There was nothing objectionable or underhanded about the partnership’s maintaining control of the realty for that purpose, as clearly it is in the trust beneficiaries’, (ie. the children’s) interest that George and Charlie’s farming business continue to thrive. The realty was not transferred to the trust, but rather the partners’ interests in the partnership, their right to receive distributions of partnership profits and property. This was a valuable present interest because the partnership owned the realty, and partnership interests were irrevocably given to the trust, a valid gift for trust purposes.”

   1 later decision quote this exact passage · from the majority
   e.g. Ensor v. Ensor