Opinion

Underwood v. Underwood

  • 836 S.W.2d 439
  • 1992 Ky. App. LEXIS 164
  • 1992 WL 150164
Court
Court of Appeals of Kentucky
Filed
Jul 3, 1992
Status
Published
Author
Stumbo
On the bench
Emberton, Huddleston, Stumbo
Cited by
9 cases

Overruled in part, on other grounds by Neidlinger v. Neidlinger, 2001 Ky. LEXIS 141 (2001)

holding that transfer of insurance agency by father to his son was not a gift because son's agreement to continue father’s employment with agency was consideration for transfer

How later courts described this case

  • holding that transfer of insurance agency by father to his son was not a gift because son's agreement to continue father’s employment with agency was consideration for transfer
  • “According to KRS 403.190(3), [a]ll property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property.This presumption may be rebutted by clear and convincing proof that the property was acquired by, amongst other means, 'gift, bequest, devise, or descent.’ ”
  • “This presumption may be rebutted by clear and convincing proof that the property was acquired by, amongst other means, 'gift, bequest, devise, or descent.’ ” (emphasis added)

Written by the judges who cited it.

Later courts went against this

  • Overruled in part, on other grounds by Neidlinger v. Neidlinger, 2001 Ky. LEXIS 141 (2001)

    836 S.W.2d 439, 445 (Ky. App. 1992), overruled on other grounds by Neidlinger v. Neidlinger, 52 S.W.3d 513
    Kentucky Supreme CourtAug 23, 20014 citing opinionsother groundsin partRead it

The opinion

STUMBO, Judge,

concurring in part and dissenting in part:

I concur with this opinion with the exception of the decision regarding maintenance. Given the apparently luxurious lifestyle of the parties during the marriage, the duration of the marriage, the non-liquid nature of the assets awarded the wife, and the husband’s financial resources, I believe the award to be too low. I would increase the maintenance award to the amount Agnes will receive when Tom’s pensions become payable, that is $1,800.90 per month, with Tom to receive credit against his monthly obligation as each pension does become payable.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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