source of funds rule (Virginia) · Go Syfert
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source of funds rule in Virginia

6 Virginia opinions name it 1 courts 1988–2009 0 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Moran v. Morangreen
vactapp · 1999 · cited in 3 Virginia opinions naming this issue, 2005–2009
2 sentences

2009Turner, Virginia’s Equitable Distribution Law: Active Appreciation and the Source of Funds Rule, 47 Wash & Lee L.Rev. 879, 899-905 (1990) (“property is ‘acquired’ under the source of funds rule whenever real economic value is created”) (citing Harper v. Harper, 294 Md. 54 , 448 A.2d 916 , 929 *296 (1982); Wade v. Wade, 72 N.C.App. 372 , 325 S.E.2d 260 (1985)). 2 29 Va.App. at 414 , 512 S.E.2d at 836 .

2009Turner, Virginia’s Equitable Distribution Law: Active Appreciation and the Source of Funds Rule, 47 Wash & Lee L.Rev. 879, 899-905 (1990) (“property is ‘acquired’ under the source of funds rule whenever real economic value is created”) (citing Harper v. Harper, 294 Md. 54 , 448 A.2d 916 , 929 *296 (1982); Wade v. Wade, 72 N.C.App. 372 , 325 S.E.2d 260 (1985)). 2 29 Va.App. at 414 , 512 S.E.2d at 836 .

23
Smoot v. Smootyellow
va · 1987 · cited in 3 Virginia opinions naming this issue, 1988–2009
2 sentences

2009The Virginia Supreme Court addressed the source of funds doctrine in Smoot v. Smoot, 233 Va. 435 , 357 S.E.2d 728 (1987), and rejected it.

2009The Virginia Supreme Court addressed the source of funds doctrine in Smoot v. Smoot, 233 Va. 435 , 357 S.E.2d 728 (1987), and rejected it.

13
Harper v. Harpergreen
md · 1982 · cited in 2 Virginia opinions naming this issue, 1999–2009
2 sentences

2009The Court concluded that because (at that time) Code § 20-107.3 only contemplated two kinds of property, marital or separate, the statute did not recognize hybrid property. 3 The Court distinguished a Maryland case, Harper v. Harper, 294 Md. 54 , 448 A.2d 916 (1982), which applied the source of funds rule, because Maryland’s statute recognized hybrid property.

2009The Court concluded that because (at that time) Code § 20-107.3 only contemplated two kinds of property, marital or separate, the statute did not recognize hybrid property. 3 The Court distinguished a Maryland case, Harper v. Harper, 294 Md. 54 , 448 A.2d 916 (1982), which applied the source of funds rule, because Maryland’s statute recognized hybrid property.

12
Marion v. Mariongreen
vactapp · 1991 · cited in 1 Virginia opinions naming this issue, 2009–2009
2 sentences

2009See also Marion v. Marion, 11 Va.App. 659 , 401 S.E.2d 432 (1991).

2009See also Marion v. Marion, 11 Va.App. 659 , 401 S.E.2d 432 (1991).

11
Srinivasan v. Srinivasangreen
vactapp · 1990 · cited in 1 Virginia opinions naming this issue, 2009–2009
2 sentences

2009See Srinivasan v. Srinivasan, 10 Va.App. 728, 732 , 396 S.E.2d 675, 678 (1990) (“It is true that the source of funds is a factor that the court should consider in making an equitable distribution award.

2009See Srinivasan v. Srinivasan, 10 Va.App. 728, 732 , 396 S.E.2d 675, 678 (1990) (“It is true that the source of funds is a factor that the court should consider in making an equitable distribution award.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Harper v. Harpergreen
md · 1982 · cited in 2 Virginia opinions naming this issue, 1999–2009
2 sentences

2009The Court concluded that because (at that time) Code § 20-107.3 only contemplated two kinds of property, marital or separate, the statute did not recognize hybrid property. 3 The Court distinguished a Maryland case, Harper v. Harper, 294 Md. 54 , 448 A.2d 916 (1982), which applied the source of funds rule, because Maryland’s statute recognized hybrid property.

2009The Court concluded that because (at that time) Code § 20-107.3 only contemplated two kinds of property, marital or separate, the statute did not recognize hybrid property. 3 The Court distinguished a Maryland case, Harper v. Harper, 294 Md. 54 , 448 A.2d 916 (1982), which applied the source of funds rule, because Maryland’s statute recognized hybrid property.

12

Also cited on this issue (2)

CaseCitedYears
Wade v. Wade green
ncctapp · 1985
2 sentences

2009Turner, Virginia’s Equitable Distribution Law: Active Appreciation and the Source of Funds Rule, 47 Wash & Lee L.Rev. 879, 899-905 (1990) (“property is ‘acquired’ under the source of funds rule whenever real economic value is created”) (citing Harper v. Harper, 294 Md. 54 , 448 A.2d 916 , 929 *296 (1982); Wade v. Wade, 72 N.C.App. 372 , 325 S.E.2d 260 (1985)). 2 29 Va.App. at 414 , 512 S.E.2d at 836 .

2009Turner, Virginia’s Equitable Distribution Law: Active Appreciation and the Source of Funds Rule, 47 Wash & Lee L.Rev. 879, 899-905 (1990) (“property is ‘acquired’ under the source of funds rule whenever real economic value is created”) (citing Harper v. Harper, 294 Md. 54 , 448 A.2d 916 , 929 *296 (1982); Wade v. Wade, 72 N.C.App. 372 , 325 S.E.2d 260 (1985)). 2 29 Va.App. at 414 , 512 S.E.2d at 836 .

21999–2009
Lawing v. Lawing green
ncctapp · 1986
1 sentence

1988Cf. Lawing v. Lowing, 81 N.C.

11988–1988

Statutes the citing opinions construe

VA § Va. Code Ann. § 20-107.3 (6)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MO 72 (1985–2025) NC 19 (1985–2026) ME 9 (1979–2014) GA 8 (1989–2026) VA 6 (1988–2009) KY 6 (2003–2023) AK 3 (1994–1999) MD 3 (1984–1992) TX 3 (2009–2009) WV 3 (1990–2020) NE 3 (2025–2026) DE 2 (1983–1983) NJ 2 (2019–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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