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Family Law Keyed to Weisberg
In Re Marriage of Roberts
Facts
Mathew and Leigh Roberts were married in 1989. In 1990 Mathew began attending law school as a full time student. Before this, he had been employed by a bank earning a salary of $30,000 a year. The couple agreed that Mathew would quit working and attend school full time while Leigh continued to work and support them. She also assumed primary responsibility for running the household so Mathew could devote all his time to his studies. Two months before Mathew’s graduation Leigh learned she was pregnant, and thereafter the couple separated. Mathew finished third in his class and took an associate position at a large law firm upon graduation. He filed a petition for dissolution of marriage in 1993. The major asset was the marital home, with a value of $70,000 and a mortgage of $63,245.00. The court determined that Mathew’s law degree could not be considered a marital asset subject to distribution. The court did include his student loans in valuing the marital estate, and found their repayment to be his sole responsibility. The court found that the presumption of equal distribution had been rebutted, and a total net debt of $2,415.04 to Mathew and a total net asset of $25,534.98 to Leigh.
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