Conrad v. Bowers’s Empirical Analysis

Citation profile

92 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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... We believe, rather, that the general assembly intended that all property acquired subsequent to the marriage taken in joint names of husband and wife is marital property subject to division upon dissolution, unless (1) it is shown that the property acquired subsequent to the marriage was acquired in exchange for property acquired prior to the marriage and (2) it is shown by clear and convincing evidence that the transfer was not intended as a provision for a settlement upon or as a gift to the other spouse, (emphasis in original.)”

   3 later decisions quote this exact passage
   e.g. Stephens v. Stephens · Winter v. Winter

2. “This would mean that a spouse owning property prior to the marriage could exchange that property, place such exchanged property in joint names and after many years of happy marriage, defeat the right of the other spouse in such property with the result that the other spouse would have no interest whatsoever in the property held in joint names. . We believe the general assembly could not have, by the dissolution act, intended such a result. ... If the only requirement to overcome the presumption that property acquired subsequent to marriage [is marital] was to show that the property was acquired in exchange for property acquired prior to the marriage many untoward and inequitable results would certainly follow. Id. at 622 .”

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

3. “"Treating the property held in joint tenancy as part of the marital estate fully accords with the principles and purposes of the Uniform [Marriage and Divorce] Act as adopted in Maine. The exception from the definition of marital property for property acquired by gift, Section 722-A(2)(A), has no application to a transfer during marriage from one spouse to both spouses jointly. Such a transfer, in the absence of clear and convincing evidence to the contrary, must be understood as evidencing an intention to transfer the property to the marital estate.... "This conclusion is consistent with the fundamental conception of marriage, having its roots in community property law, as a partnership or shared enterprise."”

   1 later decision quote this exact passage
   e.g. 183 W. Va. 451 - Whiting v. Whiting