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Asset Protection (equitable distribution): Gift to One Spouse in New Jersey

Posted on Mar 26, 2014 by admin in blog news

Is a gift given to one spouse protected from future equitable distribution claims by the other spouse? The burden of establishing immunity from equitable distribution of a particular asset rests with the party who seeks to exclude an asset. Painter v. Painter, 65 N.J. 196, 214 (1974). Ultimately, the fashioning of an appropriate allocation of marital property is vested in the discretion of the trial judge. Savoie v. Savoie, 245 N.J. Super. 1, 5 (App. Div. 1990). Nevertheless, the findings of fact must be supported by substantial credible evidence. Cesare ...

Investing in Property

Posted on Mar 21, 2014 by admin in blog news

When planning a real estate investment as a married couple, location of your investment plays a big role for asset protection. In New Jersey, the property held by the entireties (as Husband and Wife) is protected from partition sale by creditors, but the interest of a debtor-spouse is subject to levy by that spouse's judgment-creditor (meaning that lien will attach to the property but the non-debtor spouse cannot be evicted) ( Freda v. Commercial Trust Co., 118 N.J. 36a). In a few states, Florida being one of them, assets ...

Getting a Patent at the USPTO

Posted on Jan 06, 2014 by admin in blog news

This post is a high level overview of the patent prosecution process. A typical soup to nuts process in the USPTO lasts about three to five years. After the application is filed and granted a filing date, the application will be placed in a queue. This queue usually accounts for the single longest period of delay between filing and allowance. Eventually, every application gets assigned to a technology center (TC). A TC represents a group of examiners that specialize in a particular field of art. For example Chemistry, Biology, Electronics, ...

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