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Faculty Works Faculty Scholarship
Fall 2023
Real Property Issues in Family Law: An Annotated Bibliography Real Property Issues in Family Law: An Annotated Bibliography
Allen Roston
Follow this and additional works at: https://irlaw.umkc.edu/faculty_works
Part of the Family Law Commons, and the Property Law and Real Estate Commons
Vol.
36,
2023
Real
Property
Issues
281
Real
Property
Issues
in
Family
Law:
An
Annotated
Bibliography
by
Allen
Rostron©*
This
bibliography
covers
issues
relating
to
real
property
that
may
be
significant
for
family
law
attorneys.
D
ivorce
................................................... 281
D
ower and
Curtesy
.......................................
283
E
lder
L
aw
.................................................
283
Environmental
Problems
..................................
284
F
arm
s
.....................................................
284
History
....................................................
285
International
Perspectives
.................................
286
M
arital H
om
es
............................................
286
Mineral
Rights
and
Other
Special
Forms
of
Real
Property
Rights
.....................................................
288
R
everse
M
ortgages
........................................
289
T
axation
...................................................
292
Transm
utation
.............................................
293
Trusts
.....................................................
294
V
aluation
..................................................
295
Divorce
Virginia
H.
Abiassi,
Helpful
Hints
on
Handling
Real
Property
Is-
sues
During
a
Divorce,
Hous.
LAW.,
Jan./Feb.
1994,
at
29
(pro-
viding
advice,
from the
perspective
of
a
title
company,
to
help
family
law
attorneys
avoid
problems
with conveyances
and re-
cording
of
property
in divorce
cases).
Margaret
A.
Bennett,
The
Real Estate
Lawyer's
Divorce
Primer
(and
the
Divorce Lawyer's
Guide
to
Real
Estate),
ILL.
B.J.,
Sept.
1998,
at
488
(reviewing
the
key aspects
of
family law
that
real
*
Associate
Dean
for
Students
and
the
William
R.
Jacques
Constitutional
Law
Scholar and
Professor
of
Law,
University
of Missouri-Kansas
City
School
of
Law.
Real
Property
Issues
to
still
have
an
ownership
interest
in
the
property
for purposes
of
divorce
proceedings).
Marc
J.
Veilleux,
Long
v.
Long,
Law
Court
Ruling
Changes
the
Disposition
of
Joint
Real
Property
on Divorce,
50
ME.
L.
REV.
471
(1998)
(discussing
the
equitable
disposition
of
real
property
in
divorces
in
Maine and
recommending
enactment
of
legislation
creating
a
presumption
that joint property
is
marital
property).
Dower
and
Curtesy
Ariela
R.
Dubler,
In
the
Shadow
of
Marriage:
Single Women
and
the
Legal
Construction
of
the
Family
and
the
State,
112
YALE
L.J.
1641
(2003)
(examining
the abolition
of
dower
in
New
York
and
using
this
history
to
explore
broader
issues
about
policies
con-
cerning
marriage
and
the
social
and economic
status
of
unmar-
ried
women).
J.
Cliff
McKinney,
With
All
My
Worldly
Goods
I
Thee
Endow:
The
Law
and
Statistics
of
Dower
and
Curtesy
in
Arkansas,
38
U.
ARK.
LITTLE
ROCK
L.
REV.
353
(2016)
(describing how
the
an-
cient
doctrines
of
dower and
curtesy,
giving
a
surviving
spouse
a
life
estate
in
the
land
of
a
deceased
spouse,
continue
to
apply
in
Arkansas
and
providing the results
of
an empirical
study
that
may
inform
Arkansas
legislators
contemplating
the
elimination
or
alteration
of
these doctrines).
Joslyn
R.
Muller,
Haven't
Women
Obtained
Equality?
An Analy-
sis
of
the
Constitutionality
of
Dower
in
Michigan,
87
U.
DET.
MERCY
L.
REV.
533
(2010)
(discussing
how Michigan
is
one
of
the
few
remaining
states
with
a
dower
system
that
is
not
gender
neutral,
analyzing
whether
it
violates
equal
protection
rights,
and
providing
a
survey
of
relevant statutes
from
all fifty
states).
Elder
Law
Gretchen
W.
Corbell,
Protecting
Senior
Citizens'
Homes
Against
Real Estate
Fraud,
EXPERIENCE,
Fall
2002,
at
16
(warning
about
how
elder
clients
may
be
victimized
by
predatory
home
loans and
other
types
of
real
estate fraud).
Linda
S.
Ershow-Levenberg,
Preserving
the
Primary
Residence:
The
Minefield
of
Real
Estate
Transactions
in
Elder
Law
Planning,
Vol.
36,
2023
283
284
Journal
of
the
American
Academy
of
Matrimonial
Lawyers
EXPERIENCE,
Summer
2014,
at
13
(providing
advice
for
attorneys
with
elder
clients
seeking
to
ensure
their
financial
security
while
preserving
and
passing
on
the
family
home
to
their
heirs).
Theresa
M.
Mohan,
You
Cannot
Change
500
Years
of
Property
Law at
5:00
p.m.
on
a
Friday
-
Dower
as
Applied
in
Kentucky,
33
N.
KY.
L.
REV.
335
(2006)
(providing practical
advice
for
attor-
neys
dealing with
dower
issues
arising
in real
property
transac-
tions
in
Kentucky).
Environmental
Problems
Louise
B.
Raggio
&
Grier
H.
Raggio,
Jr., The
Environment
and
Your
Divorce
Client,
FAM.
ADVOC.,
Spring
1990,
at
60
(advising
family
law
attorneys about
how
to
handle
situations
where
a
cli-
ent
receives
property
in
a
divorce
but
then
discovers
that
it has
environmental
hazards).
Farms
Hannah
Alsgaard,
Rural
Inheritance:
Gender
Disparities
in
Farm
Transmission,
88
N.D.
L.
REV.
347
(2012)
(discussing
why
family
farms
continue
to
be
passed
on
primarily to
sons
rather
than
daughters
and
arguing
that
reforms
to
address
this
disparity
could include
educating
family
and
estate planning
attorneys
about the
problem, supporting
opportunities
for
women in
agri-
cultural
education,
and
programs to encourage
parents to
think
about
gender
fairness
when making
decisions
about
the
future
of
their
farms).
Tara
J.
Miller,
Note,
Divorce
&
Farmland:
What
Is
the
Best Solu-
tion?,
22
DRAKE
J. AGRIC.
L.
89
(2017)
(arguing
that
Iowa
farm-
land
is
often
not
valued
correctly
in divorce
cases,
observing
that
divorces
are
causing
the
amount
of
land
being
farmed
to
decline,
and
proposing
solutions
such
as
mediation,
collaborative
divorce,
and
the
use
of
financial
valuations
and
advisors).
Tyler
Slack,
Note,
Bridging
the
Gap:
Farm
Transition
Challenges
Facing
Elder
Farmers
and
the
Need
for
a
Nationwide
Farm-On
Program,
20
ELDER
L.J. 485
(2013)
(discussing
the
challenges
facing
elder farmers
and
the
potential
benefits
of
a
national
pro-
gram
matching
retiring
farmers
with
potential
successors
seeking
to
acquiring
land for
farming).
Real
Property
Issues
John
S.
Slowiaczek
&
David
A.
Domina,
The
Equitable
Distribu-
tion
of
Farms,
18
J.
AM.
ACAD.
MATRIM.
LAW.
357
(2003)
(exam-
ining
the
different approaches
to
equitable distribution
of
farms
in
Midwestern states
and
how
these
policies may
tend
to
over-
protect
farmers
at
the
expense
of
their
spouses).
Robert
E.
Wells,
Jr.,
Valuing
Farms,
FAM.
ADVOC.,
Winter
2003,
at
26
(providing
advice
for
attorneys
dealing
with
the
valuation
of
farmland
or
farming
operations).
History
Christopher
Collier,
The
Campaign
for
Women's
Property
Rights:
Sarah
Banks's
Story,
54
AM.
J.
LEGAL
HisT.
378
(2014)
(relating
the
story
of
a
woman
imprisoned
in
Connecticut
in
the
1860s
after
making
a
bad
decision
to marry
an
unscrupulous man
and
then
refusing
to
accept
that
he
was
entitled
to possession
of
all
of
her property).
Hannah
Haksgaard,
The
Homesteading
Rights
of
Deserted
Wives:
A
History,
99
NEB.
L.
REV.
419
(2020)
(explaining
how
deserted
wives
were
in
a
legal
netherworld
without
clear
legal rights
under
federal land-grant
legislation
in
the late
nineteenth
and
early
twentieth
centuries,
discussing claims
about
homestead
rights
brought
to
the
Department
of
the
Interior
by
deserted
wives
in
that
era,
and examining
how this
history reflected
prevailing
norms
about
marriage).
Janet
Loengard,
Interpretation
and
Re-Interpretation
of
a
Clause:
Magna Carta
and
the
Widow's
Quarantine,
25
WM.
&
MARY
BILL
RTS.
J.
403
(2016)
(exploring
the
origins
and
use
of
the
widow's
quarantine,
which
protected
a
widow
from
being
evicted
from
her
home for
forty
days
after her
husband's
death, in
pre-modern
England
and
in
America).
Alison
D.
Morantz,
There's
No Place
Like
Home:
Homestead
Ex-
emption
and
Judicial
Constructions
of
Family
in
Nineteenth-Cen-
tury
America,
24 L.
&
HIST.
REV.
245
(2006)
(explaining
how
statutes
creating
homestead
exemptions to
protect
family
homes
from
creditors
required
courts
in
the
nineteenth
century
to
de-
fine
terms
like
"family"
and
"head
of
family,"
telling
the
story
of
a
former
slave
in
Texas
who
sued
the
estate
of
her
former
master
Vol.
36,
2023
285
286
Journal
of
the
American
Academy
of
Matrimonial
Lawyers
seeking
to
establish
a
homestead
right to farm
his
land
after
his
death,
and
contending
that
the
judicial
decisions
in
such
cases
reveal tensions
in
the
prevailing ideology
of
family,
gender, and
property
in
that
era).
Inara
K.
Scott,
A
Window
for
Change:
Conflicting Ideologies
and
Legal
Reforms
in
Late
Nineteenth-Century
Oregon,
37
WILLAM-
ETTE
L.
REV.
433
(2001)
(discussing
how
legislation
enacted
in
Oregon
in
1850,
giving
women
a
right
to
claim
free
land,
in-
creased
the
number
of
women
owning significant
amounts
of
land
and
affected
the
development
of
attitudes
toward
women,
marriage,
and
divorce).
International
Perspectives
Yu Di,
Note,
Marriage
Is
Between
a
Man
and
a
Woman
and
...
:
Latest
Evolution
of
Marital
Residence Regime
in
Contemporary
China,
88
CHI.-KENT
L.
REV.
1013
(2013)
(examining
the
devel-
opment
of
marital
property
distribution
laws
and
the
treatment
of
marital
gifts
of
housing
in
China,
comparing
China's approach
to
U.S.
views
on
marital
residences,
and
arguing
that
China's
bright-line rule based
on
whose
name appears
on
the
property's
title
produces
inequitable
results).
H.
Ray
Liaw,
Comment,
Women's
Land
Rights
in
Rural
China:
Transforming Existing
Laws
into
a
Source
of
Property
Rights,
17
PAC.
RIM
L.
&
POL'Y
J.
237
(2008)
(examining
how
land
reform
policies
meant to
benefit
farmers in
China have
deprived
women
of
rights
to land
at
marriage,
divorce,
and
widowhood).
Marital
Homes
Melissa
J.
Avery,
The
Marital
Residence
and
Other Black
Holes:
Dealing
with
Real Estate
in
Divorce,
RES
GESTAE,
Oct.
2009,
at
30
(examining how
the
economic
recession
and
downturn
in
housing
markets
in
2008
complicated
the
handling
of
real
estate
for
divorcing
couples).
Sidney
S.F.
Bennett,
Property
Thrust
and
Parry,
FAM.
ADVOC.,
Winter
1998,
at
27
(describing how
divorcing
couples
sometimes
may
have
to
share
the
marital
home
until
the
divorce
is
finalized,
unless
there
is
a
basis
for
one
of
the
spouses
to
be
given
exclusive
possession).
Real
Property
Issues
Joseph
W.
Cunningham,
The
Marital
Residence:
Who
Benefits
from
the
Sale
and
Deductions?,
GPSOLO,
Sept.
2005,
at
22
(re-
viewing
the
key
tax
issues
relating
to
the
family
residence
that
arise
in
the
divorce
context,
including
taxation
of
gains
from
sales
of
homes and
the
deductibility
of
mortgage
interest
and
real
es-
tate
taxes).
Kara
Francis,
Comment,
A
Remedy
Beyond
Reach:
The
Stringent
Standard
in
Illinois
for
Exclusive
Possession
of
the
Marital
Home
During
Divorce
Proceedings,
63
DEPAUL
L.
REV.
803
(2014)
(discussing
how
Illinois
law
makes
it
too
difficult
for
a
spouse
in
a
high-conflict
divorce
situation
to obtain
a
court
order
providing
for
exclusive
possession
of
the marital
home
and
proposing
the
adoption
of
a
"balance
of
the
hardships"
standard
that
would
make
it
easier
to
obtain
such
an
order).
Sarah
Bolling Mancini
&
Alys
Cohen,
Surviving
the
Borrower:
Assumption,
Modification,
and
Access
to
Mortgage
Information
After
a
Death
or
Divorce,
43
PEPP.
L.
REV. 345
(2016)
(examin-
ing
the
problems
that
arise
when
a
spouse
acquires
a
home
through
divorce,
the
home
is
subject
to
a
mortgage,
and
the
mortgage
servicer
refuses
to
allow
the non-borrower
spouse
to
have
access
to
information
about the
mortgage
or
the
right
to
seek
to
modify
or
assume
the
loan).
Marital
Home,
FAM.
ADVOC.,
Spring
2013,
at
30
(providing
a
set
of
standard
provisions
for
agreements made
by
divorcing
spouses,
including
language
about
taxes,
mortgages,
insurance,
repairs,
and
sales).
Marital
Home
Titled
in
Parents'
Names,
EQUITABLE DISTRIBU-
TION
J.,
Oct.
1997,
at
109
(discussing
scenarios
where
a
divorcing
couple's
marital
home
is
owned
by
one
of
the
spouse's
parents
or
is
on
land
owned
by
one
of
the
spouse's
parents).
Robert
M.
Schwartz,
The
Bursting
Bubble-Dealing
with
the
Marital
Home
During
a
Real Estate
Recession,
FLA.
B.J.,
July/
Aug.
2009,
at
52
(discussing
issues
that
may arise
for
divorcing
couples
and
their
attorneys
when
an economic
downturn
drives
down
home
prices).
Vol.
36,
2023
287
288
Journal
of
the
American
Academy
of
Matrimonial
Lawyers
Gus
G.
Tamborello,
"A
House Divided":
The
Rights
and
Duties
of
Homesteaders,
Life
Tenants
&
Remaindermen,
9
EST.
PLAN.
&
COMMUNITY
PROP.
L.J.
29
(2016)
(explaining
how
homestead
protection
laws
affect
possession
and
control
of
a
family's
assets,
particularly real
estate, and
assessing
how
the
rights
and
respon-
sibilities
associated
with
homesteads compare
to
those
of
life
te-
nants,
remaindermen,
and
co-tenants).
Brett
R.
Turner,
Marital
Home
Update,
EQUITABLE
DISTRIBU-
TION
J.,
Apr.
2005,
at
37
(reviewing
cases
on
the
fate
of
the
mari-
tal home
in
divorce
proceedings).
Brett
R.
Turner,
Unlikely
Partners:
The
Marital Home
and
the
Concept
of
Separate
Property,
20
J.
AM.
ACAD.
MATRIM.
LAW.
69
(2006)
(arguing
that
the
classification
of
a
marital
home
as
marital
property
or
separate
property
should
be made
under
the
same
rules
that
apply
to
other
assets,
rather
than
being
subject
to
special
rules
of
classification).
Mineral
Rights
and
Other
Special
Forms
of Real
Property
Rights
Nicole
Boyle
Kairys,
Shale-Oil
Era
Complicates
Land
Valuation
in
Divorce,
LAWYERS
J.,
Mar.
18,
2016,
at
8
(discussing
how
the
oil
and
gas
boom
has
complicated land
valuation
issues
for
family
law
attorneys).
Bryan
Mackay,
Comment,
Marriage
and
Minerals
in
Texas:
Con-
fronting
the
Community
Property Presumption and Potential
Im-
provements
in
California,
5
EST.
PLAN.
&
COMMUNITY
PROP.
L.J.
195
(2012)
(examining what
attorneys
should
know
about
how
marriages
can
affect
ownership
of
land's
mineral
interests).
Mariana
Pedroza, Comment,
Dividing
the
Intangible:
An Exami-
nation
of
Community
Property
in
a
World
of
Contingent
Revenue,
13
EST.
PLAN.
&
COMMUNITY
PROP.
L.J.
547
(2021)
(critiquing
how
Texas
law
does
not
treat
oil
and
gas
royalties
as
community
property,
even
though
income
generated
from
separate
property
during
a
marriage
is
normally
deemed
to
be
community
property).
Real
Property
Issues
J.
Lindsey
Short,
Jr.,
Oil
&
Gas,
FAM.
ADVOC.,
Winter
2003,
at
34
(providing
advice
for
family
law
attorneys
dealing with
di-
vorces
involving
land
with
oil, gas,
or
other
mineral
interests).
Michael
J.
Van
Zandt, Unique
Real
Property
Rights
of
Seniors
in
the
Western
United
States,
EXPERIENCE,
Summer
2014,
at
26
(dis-
cussing
the
many
special
types
of
real
property
rights
that
are
common
in
the
western
United
States,
such
as
mineral
rights,
timber
harvesting
rights,
water
rights,
and
grazing
rights).
Reverse
Mortgages
Jeffrey
A.
Asher,
What
to
Know
Before
Adding
a
Reverse
Mort-
gage
to
Your
Retirement
Plan,
EXPERIENCE,
Oct./Nov.
2016,
at
14
(providing
a
basic
explanation
of
the
pros
and
cons of
including
reverse
mortgages
in
retirement
or long-term
care
plans).
Paul
V.
Black,
Reverse
Mortgages
and
the
Current
Financial
Cri-
sis,
NAELA
J.,
Spring
2012,
at
87
(discussing
the
potential
risks
of
reverse
mortgages,
including
predatory
lending
tactics
and
loss
of
eligibility
for
Medicaid
or
other
benefits).
D.
Steve
Boland,
Reverse
Mortgages
Can
Help
Seniors
Meet
Their
Financial
Needs,
36
EST.
PLAN.
29
(2009)
(explaining
the
potential
benefits
of
reverse mortgages
as
a
tool
for
supplement-
ing
retirement
income,
from
the
perspective
of
a
reverse
mort-
gage
provider).
Eric
J.
Brenner,
Note,
Reverse
Mortgages
and
Elderly Americans:
Protecting
the
Greatest Asset
from
Potentially Misleading
Adver-
tising
Practices,
80
ALB.
L.
REV.
569
(2017)
(recommending
that
New
York adopt
new
measures to
alleviate
risks
of
reverse
mort-
gages
for
older
people,
including
requiring
clear
disclosures
of
terms
and imposing
a
duty
of
good
faith
on
sales
staff).
Sam
Brittingham, Note,
Aging
Out
of
Place:
The
Toll
of
Reverse
Mortgages
and
How
to
Fix
the
Program,
29
ELDER
L.J. 149
(2021)
(describing
the
potential
benefits and
risks
of
reverse
mortgages
and
arguing
that
reverse mortgage
programs
should
be
improved
through
enhanced
counseling
requirements,
larger
cash
incentives,
and
annuity
enhancements).
Vol.
36,
2023
289
290
Journal
of
the
American
Academy
of
Matrimonial
Lawyers
Ryan
Class,
You
Can
Go
Home
Again:
Achieving
the
Goals
of
HUD's
Reverse
Mortgage
Program
While
Protecting
Non-Bor-
rower Spouses
and
Other
Heirs,
37
REV.
BANKING
&
FIN.
L.
413
(2017)
(examining
the
risks
of
reverse
mortgages
for
surviving
spouses
who were
not
parties
to the
original
reverse
mortgage
transaction
and
face
foreclosure
when
the
borrowing
spouse
dies,
as
well
as
the
difficulty
facing
heirs
who
do
not
know
they
have
the
right to
purchase
a
house
secured
by
a
reverse mortgage
when
the
borrower
dies).
Andrew
C.
Helman,
Putting
Equity
Back
in
Reverse
Mortgages:
How
State
Legislatures
Can
Bring
Fairness
to
Home
Equity
Con-
version Mortgages,
12
MARO.
ELDER'S
ADVISOR
415
(2011)
(ar-
guing
that
legislatures should
enact measures to
curb
abusive
practices
associated
with
reverse
mortgage products,
while
simul-
taneously
inducing
private
lenders to
offer
reverse
mortgages
that
are
safe
and
can
help
seniors
generate
income
and
remain
financially
secure
while aging
with
dignity).
Ben
Jakubowicz,
Note,
What
the
HECM
Is
a
Reverse
Mortgage:
The
Importance
of
the
Home Equity
Conversion
Mortgage
in
an
Aging
America,
54
U.
Lous.
L.
REV.
183
(2016)
(asserting
that
Home
Equity
Conversion
Mortgages,
the
most
popular
type
of
reverse mortgage
loan
in
the
United
States,
do
not
adequately
protect
the interests
of
senior
homeowners
and
arguing
that
the
best
remedy
would
be
to replace
for-profit mortgage providers
with
government-sponsored
providers).
Jennifer
Juergens,
Comment,
Reverse
Mortgage
Complexity
Is
Negatively
Impacting
Older
Americans,
6
Hous.
L.
REV.:
OFF
RECORD
209
(2016)
(reviewing
the
regulations
governing
reverse
mortgages,
proposing
disclosure
requirements
and
other
solu-
tions
to
reduce
the
complexity
of
reverse
mortgages, and
describ-
ing
alternatives
to reverse mortgages).
Dan
Latona,
Note,
Reversing
Course:
Strengthening
Consumer
Protections
for
Reverse
Mortgages,
23
ELDER
L.J.
417
(2016)
(ar-
guing
for
stronger regulation
of
reverse
mortgages
to
address
de-
ceptive advertising
and
aggressive
sales
tactics
that
lead
borrowers
to make bad
financial decisions).
Real
Property
Issues
Wendy
Little
Schieke, The
Advisability
of
Reverse
Mortgages
to
Pay
for
Care
Needs,
MD.
B.J.,
May/June
2014,
at
26
(examining
the
risks
and benefits
of
using
reverse mortgages to
pay
for
long-
term
care
and
comparing
other
options
such
as
home equity
loans,
long-term
care
insurance, and
government
programs
such
as
Medicaid or
veteran's
benefits).
Sarah
B.
Mancini
&
Odette
Williamson,
Reversing
Course:
Stem-
ming
the
Tide
of
Reverse
Mortgage
Foreclosures Through
Effec-
tive
Servicing
and
Loss
Mitigation,
26
ELDER
L.J.
85
(2018)
(discussing
the
federally-insured reverse
mortgage program,
ex-
plaining
how
it
can
help
financially
vulnerable
elders
to
continue
living
in
their
homes
but
convert
their
home equity
to
cash,
and
arguing
that
a
strong
program
of
mortgage
servicing
and
loss
mit-
igation
would
help to address
the
difficult
challenges
resulting
from
increasing
numbers
of
insurance
claims
and
property
charge
defaults
by
reverse
mortgage
borrowers).
Nat'l
Acad. of
Elder
Law
Attorneys,
Using
a
Reverse
Mortgage
to
Pay
for
Health
Care,
EXPERIENCE,
Fall
2006,
at
19
(explaining
how
reverse
mortgages
can
be
a
valuable
mechanism for
covering
the
costs
of
senior
health
care
in some
circumstances).
Eric
Rittmeyer,
Sorting
Through
the
Confusion
Surrounding
Re-
verse
Mortgages,
EXPERIENCE,
Apr./May
2019,
at
14
(contending
that
reverse
mortgages
are
a
safe
and useful
way
for
seniors
to
access
their
home equity
and
most
of
the
negativity
surrounding
them
is
inaccurate).
Rend
L.
Robertson,
Note,
"But
It's
My
House,
Too":
HUD's
Failure
to
Include
Statutorily
Required Protections
for
Non-Bor-
rowing
Spouses
in
Reverse
Mortgage
Regulations,
27
QUINNIPIAC
PROB.
L.J.
94
(2013)
(reviewing
cases
about
claims
brought
by
non-borrowing
spouses
after
the
deaths
of spouses
who
entered
into
reverse
mortgage
transactions
and
recommending
the
issu-
ance
of
new
regulations
to
ensure
that
non-borrowing
spouses
receive
the
protection
intended
by
Congress).
Debra
Pogrund
Stark
et
al.,
Complex
Decision-Making
and
Cog-
nitive
Aging
Call
for
Enhanced
Protection
of
Seniors
Contemplat-
ing
Reverse
Mortgages,
46
ARIZ.
ST.
L.J.
299
(2014)
(analyzing
Vol.
36,
2023
291
292
Journal
of
the
American
Academy
of
Matrimonial
Lawyers
the
factors,
from
a
legal
and
psychological
standpoint,
that
influ-
ence
the
effectiveness
of
current
regulations
and
counseling
pro-
tocols
for
seniors
making
decisions
about
reverse mortgages).
Elliot
Wong
&
Ingrid
Evans,
Protecting
Borrowers
from
the
Pit-
falls
of
Reverse
Mortgages,
EXPERIENCE,
Summer
2014,
at
20
(describing
the
risks
of
reverse
mortgages,
particularly
for
bor-
rowers
who
do
not
fully
understand
the
terms
and financial con-
sequences
of
the
transaction
and
may
purchase
unsuitable
financial
products
in
conjunction
with
the
reverse mortgage).
Eric
D.
Yordy,
Grandma's
Living
Large:
Her
Reverse
Mort-
gage-Saving
Grace
or
Terrific
Waste?
An
Ethics
Case
Study,
17
J.L.
Bus.
&
ETH.
91
(2011)
(presenting
a
case
study,
involving
the
promotion
of
reverse
mortgages for
retired
homeowners, to
use
with
students
studying
business ethics).
Taxation
Katie
Babe,
Property
Tax
Relief
for
the
Elderly:
A
Survey
of
the
Nation,
6
MARQ.
ELDER'S
ADVISOR
325 (2005)
(reviewing vari-
ous
types
of
programs
designed
to make
it
easier
for
elderly
peo-
ple
to
afford
the
cost
of
their
homes,
such
as
homestead
exemptions,
credits,
rebates,
deferrals,
and
assessment freezes).
Robert
C.
Christopherson,
Note,
Missing
the
Forest
for
the
Trees:
The
Illusory Half-Policy
of
Senior
Citizen
Property
Tax
Relief,
13
ELDER
L.J.
195
(2005)
(analyzing
the
public
policy
benefits
and
drawbacks
to
property
tax
relief
programs for
the
elderly).
Melvyn
Frumkes,
Sale
of
the
Marital
Residence,
FAM.
ADVOC.,
Fall
2014,
at
43
(reviewing
the
basic
provisions
of
the
Internal
Revenue
Code
concerning
gain
on
the
sale of
a
home).
James
John
Jurinski,
All
in
the
Family:
New
Divorce
Tax
Rules
for
Real
Estate-Owning
Couples,
46
REAL
EST.
TAX'N
4
(2019)
(discussing
how divorce tax
planning
and
divorce
negotiations
will
be
affected
by
provisions
of
the
Tax
Cuts and
Jobs
Act
of
2018,
including
the
elimination
of
tax
deductions
for
alimony
payments
and
the enactment
of
new limits
on
deductions for
state and
local taxes
and
residential
mortgage
interest).
Real
Property
Issues
Neil
D.
Katz
&
Gina
M.
Digaudio,
The Tax
Implications
of
Di-
vorce
Part
II-Property
Transfers,
Home
Sale,
Dependency
Ex-
emption
and
Administrative
Issues,
127
J.
TAX'N
274 (2017)
(reviewing
the
tax
issues
arising
from
the
sale
of
the marital
home
and
other property
transfers).
Matthew
J.
Meyer,
Note,
The
Hidden
Benefits
of
Property
Tax
Relief
for
the
Elderly,
12
ELDER
L.J.
417
(2004)
(examining how
property
tax
relief
programs
benefit
families
and
communities
by
enabling
elderly
people
to
remain
in
their
homes,
but
warning
that
such
programs
should be
fine-tuned
to ensure
they
target
elderly individuals
who
really
need
the
benefits
of
such
programs).
John
J.
Weiler, Tax
Consequences
of
Real
Estate
Transactions
in
Divorce,
GPSOLO,
Apr./May
2001,
at
52
(discussing
the
tax
issues
typically
encountered
by
divorcing
couples with
real estate).
Transmutation
Laura
W.
Morgan
&
Edward
S.
Snyder,
When
Title
Matters:
Transmutation
and
the
Joint
Title
Gift
Presumption,
18
J.
AM.
ACAD.
MATRIM.
LAW.
335 (2003)
(describing how
the
title
sys-
tem
for
distribution
of
property
during
divorces
has
been
re-
placed
by
community
property
and
equitable distribution
systems,
but
title
did
not
become
completely
meaningless
in
di-
vorce
proceedings because title
to
property
remains
important
in
situations
where
a
change
in
title
from
one
spouse
to
both
spouses,
or
vice
versa, may
have
brought about
a
transmutation
of
the
property's
classification).
Marlene Eskind
Moses
&
Manuel Benjamin
Russ,
Understanding
the
Complexities
of
Separate
and
Marital
Property,
TENN.
B.J.,
Sept./Oct.
2022,
at
44
(reviewing
the
concept
of
transmutation
under
Tennessee
law
and
discussing cases
in
which
spouses
used
separate
property
to
purchase
a
marital
residence).
Reverse
Transmutation,
EQUITABLE
DISTRIBUTION
J.,
Jan.
2000,
at
1
(examining
the
circumstances
under
which
marital
property
can
be
transformed
into separate
property
through
reverse
trans-
mutation
by
gift).
Vol.
36,
2023
293
294
Journal
of
the
American
Academy
of
Matrimonial
Lawyers
Transmutation: Changing
the
Character
of
Property,
EQUITABLE
DISTRIBUTION
J.,
Apr.
1997,
at
37
(reviewing
appellate
cases
about
transmutation
of
property,
including
situations
involving
transfers
of
separate
property
into
joint
title).
Marshall
S.
Zolla
&
Deborah
Elizabeth
Zolla,
Divided
Duty,
L.A.
LAW.,
Feb.
2021,
at
24
(explaining
how
estate
planning
at-
torneys
representing
a
married
couple
often
do
not
consider
how
estate
planning documents
may
affect
a
spouse's
rights
if
the
couple
divorces,
with examples including
cases
about
whether
es-
tate
planning
documents
brought about
a
valid
transmutation
of
property).
Trusts
Randall
J.
Gingiss,
Funding
Marital
Trusts
with
Special
Assets,
GP
SOLO
&
SMALL
FIRM
LAW.,
Sept.
1998,
at
16
(discussing
situ-
ations
in
which
residences
or
other
non-productive
assets
may
be
put
in
marital trusts
in
order
to enable
the
surviving
spouse
to
continue
to
use
the
assets).
Marielle
F.
Hazen,
The
Fiduciary
Pitfalls
of
Managing
Special
Needs
Trusts
That
Own
Real
Estate,
NAELA
J.,
Spring
2017,
at
1
(analyzing
the
challenges
and
risks
that
trustees
face
when
a
trust
for
a
beneficiary
with
special
needs
owns
a
home
or
other
real
property).
Terry
Prendergast,
South
Dakota
Special
Spousal
Property
Trusts:
South
Dakota
"Steps
Up"
to
the
Plate
and
Hits
a
Home
Run
for
Surviving
Spouses,
61
S.D.
L.
REV.
431
(2016)
(explain-
ing
how
legislation
providing for
creation
of
special
spousal
trusts
can
enable
surviving
spouses
in
all
states
to obtain
a
tax
benefit
similar
to
that
enjoyed
by surviving
spouses
in community
prop-
erty states).
Jay
A.
Soled
et
al.,
Funding
Marital
Trusts:
Mistakes
and
Their
Consequences,
31 REAL
PROP.
PROB.
&
TR. J.
89
(1996)
(describ-
ing
common
mistakes
made
by
attorneys
handling
the
funding
of
marital trusts
in
estate administration,
the
consequences
of
these
mistakes, and
how
to
remedy them).
Real
Property
Issues
Valuation
William
W.
Hood,
How
to
Cross-Examine
a
Real Estate
Ap-
praiser,
FAM.
ADVOC.,
Spring
1986,
at
35
(providing
advice
and
sample
questions
for
cross
examination
of
an
opponent's
real
es-
tate
appraiser).
Howard
Jackson,
There's
No
Place
Like,
FAM.
ADVOC.,
Spring
1995,
at
41
(discussing
the
types
of
property
that
are
particularly
difficult
to
value).
Shari
A.
Levitan
et
al.,
Realizing
the
Full
Value
of
Hard
to
Value
Assets,
34
J.
AM.
ACAD.
MATRIM.
LAW.
133
(2021)
(analyzing
the
types
of
property,
including
co-owned
real
estate,
that
often
pose
difficult
valuation
issues).
Matthew
C.
Lucas,
Valuing
the
Marital
Home,
FLA.
B.J.,
Apr.
2014,
at
8
(discussing legal issues
relating
to
valuation
of
the
mar-
ital
home
and
other
real
property,
including principles
for
deter-
mining
property
value
and
evidence
that
is
relevant
in
determining
the
fair
market
value of
property).
Cindy
Perusse,
Evidence
Without
Experts:
Property
Issues,
FAM.
ADVOC.,
Fall
2013,
at
22
(recommending
ways
to prove
the
value
of
the marital
home
or
other
property
in
situations
where
the
client
cannot
afford
to
pay
for
an
expert
witness).
Marisa
C.
San
Filippo,
Comment,
Valuation
of
the
Family Home:
Why
Feminist
Theory
Supports
the
Exclusive
Use
of
Appraisers
as
Experts
when
the
Wife
Wants
to
Keep
the
Home,
42
U.S.F.
L.
REV.
539
(2007)
(explaining how
California
permits
real
estate
salespersons
as
well
as
licensed
appraisers
to
testify
as
valuation
experts in
divorce
cases,
asserting
that
overvaluation
of
family
homes
disadvantages
divorcing
women
seeking
to
remain
in
the
family
home, and
arguing
that
allowing
only
licensed
appraisers
to
testify would
result
in
more
uniformity
and
accuracy in
valua-
tion
of
homes).
John
F.
Shampton,
Statistical
Evidence
of
Real Estate
Valuation:
Establishing
Value
Without
Appraisers,
21
S. ILL.
U.
L.J.
113
(1996)
(identifying
the
disadvantages
of
relying
on
the
subjective
opinions
of
appraisers
and
arguing
that
using
objective evidence
Vol.
36,
2023
295
296
Journal
of
the
American
Academy
of
Matrimonial
Lawyers
to prove real
estate's
value would
improve
the
reliability
of
valuation).
David
A.
Smith,
Valuation
of
Real Estate
Partnership
Interests
for
Non-Transactional
Purposes,
12
J.
AM.
ACAD.
MATRIM.
LAW.
175
(1994)
(discussing
why
the
valuation
of
a
property
interest,
such
as
a
real estate
limited
partnership,
is
more
difficult
in
situa-
tions
like
divorce
proceedings
where
the
valuation
is
not
fol-
lowed
by
a
sale
or
other
transaction
involving
the
property).
Roger
F.
Tibble,
The
Appraisal:
What's
It
Worth?,
FAM.
ADVOC.,
Spring
2010,
at
16
(considering
how
lawyers in
divorce
cases
can
assess
appraisals and
determine
what would be
a
fair
settlement
amount
for
marital
real estate).
Brett
R.
Turner, Theories
and
Methods
for
Valuing
Marital
As-
sets,
25
J.
AM.
ACAD.
MATRIM.
LAW.
1
(2012)
(presenting
a
thor-
ough
overview
of
the
legal
principles
and
methods for
valuation
of
real
estate
and
other
marital
property).
Robert
M.
Weinstock,
Surviving
the
Appraiser
Shortage,
L.A.
LAW.,
Oct.
2016,
at
23
(noting
the
substantial
decline
in
the
num-
ber
of
licensed
appraisers
in California and
elsewhere,
discussing
situations
in
which
an
appraisal
is
necessary
and situations
in
which
the
use
of
appraisers
may be
avoided,
and
suggesting
op-
tions
for
attorneys
who
may
have
difficulty
finding
appraisers).
