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← 676 N.E.2d 413 - Hurst v. Hurst

Hurst v. Hurst’s Empirical Analysis

1997

Citation profile

7
cited by 7 later decisions
1
states following
November 2015
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently November 2015

7 state decisions

30199720002010decided

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 DeHaan v. DeHaan · In Re the Marriage of Davidson · Marriage of Myers v. Myers · Marriage of R.E.G. v. L.M.G. · Marriage of Cowden v. Cowden

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

  1. “Presumption for equal division of marital property; rebuttal Sec. 5. The court shall presume that an equal division of the marital property between the parties is just and reasonable. However, this presumption may be rebutted by a party who presents relevant evidence, including evidence concerning the following factors, that an equal division would not be just and reasonable: (1) The contribution of each spouse to the acquisition of the property, regardless of whether the contribution was income producing. (2) The extent to which the property was acquired by each spouse: (A) before the marriage; or (B) through inheritance or gift. (3) The economic cireumstances of each spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residence or the right to dwell in the family residence for such periods as the court considers just to the spouse having custody of any children. (4) The conduct of the parties during the marriage as related to the disposition or dissipation of their property. (5) The earnings or earning ability of the parties as related to: (A) a final division of property; and (B) a final determination of the property rights of the parties.”
    2 later decisions quote this exact passage
  2. “All property owned by the parties, whether acquired prior to the marriage or through inheritance, is marital property. A trial court has no authority to exclude or 'set aside' marital property. Rather, the trial court is required to divide all marital property between the parties.”
    1 later decision quote this exact passage

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.