342 Pa. Super. 156 - Hurley v. Hurley’s Empirical Analysis

Citation profile

38 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “For purposes of this chapter only, "marital property" means all. property acquired by either party during the marriage, including the increase in value prior to the date of final separation of any nonmarital property acquired pursuant to paragraphs (1) and (3), except: (1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage. (2) Property excluded by valid agreement of the parties entered into before, during or after the marriage. (3) Property acquired by gift, except between spouses; bequest; devise; or descent. (4) Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets. (5) Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation. [... ] (7) Property to the extent to which such property has been mortgaged or otherwise encumbered in good faith for value, prior to the date of final separation. (8) Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received.”

   1 later decision quote this exact passage
   e.g. 395 Pa. Super. 345 - Powell v. Powell

2. ““Only after an unliquidated claim for personal injuries has became liquidated by settlement, verdict, or otherwise should it be deemed ‘marital property’ and become subject to distribution between the spouses. [The wife’s] claim for personal injury in the instant case became liquidated by verdict after the parties had separated. We conclude, therefore, that [the wife’s] recovery of damages for personal injuries in this case was not marital property which the court could properly divide between the parties. It represented property acquired after separation.” Hurley at 161 , 492 A.2d at 442 .”

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

3. “Decisions in Pennsylvania, however, have held that there are significant property differences which distinguish unliquidated personal injury claims from claims based on contract. ‘A right of action strictly personal is not assignable and the general doctrine is, both in law and equity, that a right of action for a pure tort is not the subject of assignment. ... Such a right does not seem to us to be a property right, capable of assignment, prior to liquidation.... ’ Sensenig v. Pennsylvania R.R. Co., 229 Pa. 168, 172 , 78 A. 91, 91-92 (1910).”

   1 later decision quote this exact passage
   e.g. Magnum v. Archdiocese of Philadelphia