FISCHER v. FISCHER

Civil Action No. 2242-S.

864 A.2d 98 (2005)

Richard S. FISCHER and Robert A. Fischer, Jr., Personal Representatives of the Estate of Robert A. Fischer, Sr., and the Estate of Robert A. Fischer, Sr., Plaintiffs, v. Jeanne M. FISCHER, Defendant.

Court of Chancery of Delaware, Sussex County.

Decided: January 12, 2005.


Attorney(s) appearing for the Case

David N. Rutt, of Moore & Rutt, P.A., Georgetown, Delaware, Attorney for Plaintiffs.

Charles J. Durante, Gregory J. Weinig and Scott G. Wilcox, of Connolly Bove Lodge & Hutz LLP, of Wilmington, Delaware, Attorneys for Defendant.


OPINION

CHANDLER, Chancellor.

When a married couple own property by the entireties and then one spouse initiates a divorce that will require the equal division of all jointly owned property, it is inequitable for the spouse who initiated the divorce to assert a claim to all of the property by operation of law when that spouse was under a contractual obligation to divide the property equally. In this case, a resulting trust for the benefit of the estate...

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