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Marriage Diana L. Popp v. Richard J. Popp

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eBook details

  • Title: Marriage Diana L. Popp v. Richard J. Popp
  • Author : Court of Appeals of Wisconsin
  • Release Date : January 12, 1988
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 71 KB

Description

Richard J. Popp appeals the property division and attorney fee assessment provisions of a divorce judgment, and Diana L. Popp
cross-appeals an order terminating maintenance payments to her. Richard contends that the trial court erred when it: (1) included
in the marital estate the value of corporate stocks gifted to him during the marriage; (2) included certain other assets of
the gifted corporation in the marital estate; (3) "double counted" certain marital assets; (4) failed to consider his contingent
liabilities in the property division; (5) refused to grant a minority discount on the value of marital corporate stocks; and
(6) ordered him to contribute to payment of Diana's attorney fees. In her cross-appeal, Diana contends that the trial court
abused its discretion when it ordered termination of maintenance payments to her based upon her cohabitation with a third
party following the divorce judgment. We conclude that the gifted stocks were improperly included in the marital estate as there is no evidence of Richard's donative
intent. We also conclude that the hardship determination is not supported by the trial court's present reasoning. Therefore,
we reverse the property division provisions of the judgment. We remand for reconsideration of the hardship claim. We find
no abuse of discretion as to Richard's other arguments and affirm the judgment on those issues. As to the termination of maintenance
payments, we conclude that the trial court did not abuse its discretion and accordingly affirm the order.


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