Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Flory v. Flory

The trial court failed to apply the relevant legal principles in apportioning certain property between the parties in their divorce.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Pursuant to Supreme Court Rule 34 4, we granted the application for discretionary appeal filed by Appellant Peter John Flory Husband seeking leave to challenge the final judgment and decree effectuating his divorce from Appellee Lucie Wheeler Flory Wife. Husband contends that the trial court erroneously awarded Wife certain assets as separate, non-marital property. We agree that the trial court erred in its division of property, and we therefore reverse and remand.

The parties were married in November 1993, and Wife filed her complaint for divorce in November 2013. During a subsequent bench trial, Husband and Wife each claimed that certain assets should be classified as separate, non-marital property. Among other things, Wife sought to recoup the value of certain stocks, which she owned prior to the marriage, that were liquidated for the purpose of purchasing a marital residence, while Husband sought credit for funds advanced by his mother that were used to make improvements on that residence. The trial court acquiesced to the respective parties’ classification of the property on the basis that equity dictated such an outcome. Relying on the maxim that he who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action, the trial court reasoned that Husband and Wife’s respective claims to separate property were on equal footing and, thus, could all be similarly granted. The parties agree on appeal that the trial court’s reliance on the above-quoted maxim was misplaced.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Deputy Chief Attorney

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements