Wednesday, November 2, 2016

Line of Demarcation

On Tuesday, the Mississippi Court of Appeals decided Ewing v. Ewing located here.  I am not going to comment too much on the case since it is one of mine that is on the way back to the trial court it appears.  However, one of the key issues in the case was the line of demarcation on the accumulation of marital property.  The Court found that:  "Though the chancellor implicitly held the date of demarcation as the date of the divorce, the chancellor erred when he failed to explicitly declare either date as the line of demarcation.”  As such, it appears the trial court has to make a specific finding on the record of what date it will use for demarcation.

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