Harper v. Harper’s Empirical Analysis
1982
Citation profile
2 district · 177 state decisions
How this case has been cited
Cited by 181 later decisions — most recently August 2017 · most notably 72 N.C. App. 372 - Wade v. Wade (1985), Hoffmann v. Hoffmann (1984)
2 district · 177 state decisions — followed in 10 states
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
Relies on Dakan v. Dakan · James v. Prince George's County · Deering v. Deering · Estate of Neilson · 28 Cal. 3d 366 - In Re Marriage of Moore
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 181 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Under [the source of funds] theory, when property is acquired by an expenditure of both nonmarital and marital property, the property is characterized as part nonmarital and part marital. Thus, a spouse contributing nonmarital property is entitled to an interest in the property in the ratio of the nonmarital investment to the total nonmarital and marital investment in the property. The remaining property is characterized as marital property and its value is subject to equitable distribution.”
23 later decisions quote this exact passage · from the majority“"(b) The court shall determine the value of all marital property. After making the determination, the court may grant a monetary award as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded. The amount of the award and the method of its payment shall be determined after considering each of the following factors: “(1) The contributions, monetary and non-monetary, of each party to the well-being of the family; “(2) The value of all property interests of each spouse; “(3) The economic circumstances of each spouse at the time the award is to be made; “(4) The circumstances and facts which contributed to the estrangement of the parties; “(5) The duration of the marriage; “(6) The age and the physical and mental condition of the parties; “(7) How and when specific marital property was acquired, including the effort expended by each party in accumulating the marital property, “(8) Any award or other provision which the court has made under this Subtitle 6A with respect to family use personal property or the family home, and any award of alimony; and “(9) Such other factors as the court deems necessary or appropriate to consider in order to arrive at a fair and equitable monetary award. “(c) A monetary award made under this section may be reduced to a judgment to the extent that any part of the award is due and owing.” (Emphasis added.)”
11 later decisions quote this exact passage · from the majority“all property, however titled, acquired by either or both spouses during their marriage. It does not include property acquired prior to the marriage, property acquired by inheritance or gift from a third party, or property excluded by valid agreement or property directly traceable to any of these sources.”
7 later decisions 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.