Wednesday, June 1, 2011

Sachau v. Sachau (A-33-10)

5-11-11 Because the judgment of divorce was silent regarding

the value to be ascribed to the marital home if it was

not sold upon the triggering event – the emancipation

of the youngest child – it fell to the court to supply

that omitted term. Pacifico v. Pacifico, 190 N.J. 258

(2007), presumes value as of the trigger if the sale

takes place at that time. Here, because there was no

agreement to the contrary, the marital home should

have been valued as of the date of the sale.

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