(DOWNLOAD) "Githens v. Githens" by South Carolina Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Githens v. Githens
- Author : South Carolina Supreme Court
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The issue in this domestic relations case is the extent to which husbands beneficial interest in his mothers revocable trust can be taken into account in dividing the parties marital property. The trial court concluded that, because the trust is revocable at the whim of the settlor, husbands interest in it is entirely speculative and, as a result, not subject to division. Wife appeals, arguing that the court erred in failing to award half of husbands beneficial interest in the trust to her and in failing to take evidence of the trusts value and the likelihood that it would, in fact, be revoked. Husband argues that, because of the inherently speculative nature of a beneficial interest in a revocable trust, the trial court did not err in declining to treat it as marital property.