Archive | Final disclosure of assets

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Volk v. Goeser

Volk v. Goeser, 2016 MT 61 (March 8, 2016) (Wheat, J.; Rice, J., concurring; Shea, J., concurring; McKinnon, J., dissenting) (6-1, rev’d)

Issue: Whether the district court properly granted summary judgment to Valerie and denied the imposition of a constructive trust on life insurance proceeds in favor of RBV, a minor child.

Short Answer: No.

Summary judgment reversed, remanded to fashion constructive trust

Facts: Roy and Pamela Volk married in April 1996, and had a son, RBV, in 2000. In June 2010, Roy filed for divorce and the district court issued the statutorily mandated summons and TRO. The dissolution decree was entered in December 2011.

Roy and Pamela entered into a marital settlement agreement (MSA) the day before the final decree of dissolution.…

Marriage of Anderson

Marriage of Anderson, 2013 MT 238 (Aug. 20, 2013) (5-0) (Morris, J.)

Issue: (1) Whether the district court abused its discretion in denying Viola’s Rule 59(e) and 60(b) motions, and (2) whether the district court abused its discretion in determining that the property settlement agreement was valid without a disclosure of assets.

Short Answer: (1) No, and (2) no.