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August 23, 2007

Disposition of Property

Filed under: Uncategorized — davidmsiegel @ 3:24 pm

 Under normal circumstances, a court does not have jurisdiction to dispose of property in a proceeding for legal separation except where property is submitted for disposition by agreement of the parties.  In re Lipkin
 Circuit court had jurisdiction to adjudicate property interests of parties to a proceeding for legal separation under this Act.  In re Leff
 This Act does not give the court authority to distribute property until after the dissolution of marriage has been granted.  In re Pahlke
 The circuit court had full and complete jurisdiction of the subject matter of the petition filed by the respondent that petitioner had abandoned the marital home and that he might be required to provide a home for their three children; therefore, trial court’s granting of interest in home to petitioner was proper.  English v. English
 If the trial court had not ordered the property sold and the debts paid, it would have been impossible for the defendant to make the child support payments ordered by the court; under these circumstances, the trial court had implied or ancillary jurisdiction to order the sale of the real and personal property in question.  Fields v. Fields
 In determining the propriety or impropriety of a divorce decree ordering conveyance of property under former section 17 of the Divorce Act (see now this section), the authority of the court was based upon powers conferred by statute rather than upon general equity powers.  Debrey v. Debrey
 Under former section 17 of the Divorce Act (see now this section), absent specific legislated authority, a chancery court was devoid of jurisdiction to adjudicate, allot, dispense or otherwise dabble with the separate property of the parties to a divorce.  Schouten v. Schouten
 A court’s power to determine property rights can be based only upon a valid divorce decree.  Lemon v. Lemon
 The court had no power to finally determine the interest defendant had in plaintiff’s property until a divorce had been granted.  Klajbor v. Klajbor
 A court cannot, in the absence of a decree of divorce, determine property rights, award alimony, or dispose of the custody of the child.  Ollman v. Ollman

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