An In-Depth Look at Active Appreciation and Transmutation in Dividing Marital Property upon Divorce

An In-Depth Look at Active Appreciation and Transmutation in

Dividing Marital Property upon Divorce

3.0 General CLE Credits | CLE #2022-020

Registration fee: $115 | After September 8:  $140

Presenters:

Brett R. Turner, National Legal Research Institute

Kara A. Nyquist, Nyquist Law Group

John Sherman, Sherman Law Office, LLC

It has been recognized by the courts that spouses should share in the economic fruits of their marriage. It is also well known that the division of property is often one of the most contentious elements of a divorce action. Active appreciation and transmutation are complex issues that demand thorough and thoughtful consideration. Join us for a thorough analysis of these important concepts presented nationally known and local expert attorneys. Discover how appreciated assets are divided and the rules governing valuation. You will also learn about emerging issues in transmutation case law and how to apply the holding to transmutation claims.

Topics covered: 

Transmutation

• Definition and explanation  
• Kessler v. Kessler – background, facts and law
• What you must prove to show transmutation

Active Appreciation with Marital Efforts

• The distinction between active and passive appreciation
• How it is applied to business and investment accounts

Active Appreciation with Marital Funds

• The distinction between active and passive appreciation
• Understanding equitable distribution

Questions and Answers/Hypotheticals