Future or Contingent Rights

[A] In General

Time of acquisition may be at issue if a party acquires only a “contingent” or future interest in a right to property during marriage. The issue might arise, for example, in the context of dividing rights to contingent fees, work in progress in a professional practice, royalties, or qui tam actions, as well as in the employment contract (see [B], below) and similar contexts.

In general, the fact that an interest is contingent, nonvested, or nonmatured, or involves intangible property, will not preclude the court from characterizing it as community property in an action for legal separation or dissolution, if the right to the interest was acquired during marriage and before separation.

4 views0 comments

Recent Posts

See All

DEBT LIABILITY IN A DIVORCE The separate property of a married person is liable for the following debts incurred by the person’s spouse during marriage (1) A debt incurred for "necessaries of life" of

DEBT ALLOCATION IN A DISSOLUTION OF MARRIAGE On dissolution or legal separation, debts incurred by either spouse after the date of marriage but before the date of separation must be divided as set for

Because spouses occupy confidential relations with one another, when an interspousal transaction creates an advantage for one spouse over the other, a presumption of undue influence arises, and the bu