“Where there is a will… there is a war” [1]. Mary Magaka’s husband, Bezerk Magaka disinherited his wife, who had substantially contributed to his property and was financially dependent on him [2]. She was devastated because inheritance was the only means of financial support for her. As shocking as it may seem, this situation is not uncommon. Numerous people abandon their spouses and children by not giving them their share in the property. When a person marries and has children, ethically it is the duty of the person to take their responsibility. This responsibility continues even after death with transferring of the ownership of the property to the children or spouse. Hence, it should be illegal to disinherit your spouse or children, and courts should be able to change the terms of a will that they decide are unfair. …show more content…
The community property law states give the one-half interest of the marital property to each spouse and the common law states allow the surviving spouse to claim one-third of the deceased spouse's property. The enforcement of these laws protects the spouses from disinheritance. When one of the spouses dies, the other one becomes lonely and is financially abandoned. The inheritance gives the financial protection to the spouse and an incentive for the children to maintain a relationship with the parent. Moreover, disinheriting a child causes court confrontations between the siblings. Some people disinherit the financially successful spouses or children, without realizing that later on, the inherited money can provide financial help if needed. Finances aside, there is a symbolic meaning to receiving something as an inheritance and disinheritance only conveys anger and
The first is division, as Grant Knight and Vicky Lewis state in their article; Is division and sale a useful remedy: “First, there is the issue of whether the property can be divided and if it cannot then it requires to be sold.” With the present case of Amanda and John the house could not be divided equally between the two parties and would therefore require the house to be sold. Division and sale is therefore, the only logically remedy that the courts could impose. Division and sale is the selling of the house with which the: “proceeds thereafter should be in proportions which are just and equitable.” Dividing the proceeds equally, prevents the general principle of nemo dat quod non habet being an issue. Division and sale is an absolute right and under common law for an unmarried couple there is no defence to this. A case which highlights the courts effectively implementing the remedy of divison and sale is the case of Berry v Berry. In this case the husband wanted to buy out the wife’s shares. However, the outer house refused to allow him to buy out her shares as It was seen in both the party’s best interests to have a sale on the open market which would raise a higher price. Although, in this case Berry and Berry are a married couple and have the be benefit to implement the Matrimonial Homes (Family Protection) (Scotland) Act 1981 it still shows the
The marriage between the two parties involved (Richard S. Dougall and Myrna R. Dougall) was dissolved in 2008 with the dissolution decree ordering Richard to pay Myrna $750 per month in spousal maintenance. Each of the two parties was also awarded one half interest in two parcels of property. Richard was ordered by the court to obtain appraisals and pay a fair share of the equity (as designated by the court’s property division assessment) to Myrna. In 2011, the court entered two judgments against Richard for failing to comply with obligations set down in the court order. A $5,000 judgment represented Myrna’s interest in one of the properties. The second judgment for $4,745 represented spousal maintenance arrearages. The court also reduced Richard’s spousal maintenance obligation to $500 per month effective August 2011.
This is acceptable so long as the ultimate division of marital property would be equitable, given the parties’ financial circumstances and the award of other divisible
Statistically speaking, about forty five percent of all the marriages in the U.S. are expected to end up in divorce. As per the experiences of divorce attorneys all over the country, majority of divorce cases can be very complicated even with no children to fight custody with or few shared assets to settle. And this can become more complicated when there are marital properties and children involved of which both parties will profess a full claim on majority of the assets and custodial ownership. But with the assistance of experienced Dallas Divorce Attorneys, a couple in the process of divorcing can get the help they need in order to fairly divide the properties and this will include determining the reasonable child support, property division, potential spousal support and look into the various issues that often arise when a marriage unexpectedly comes to a halt.
In 1882, the Married Property Act was passed which made it easier for the men to care for the women; all of the new wives wealth was given to the man and her potential earnings also belonged to the man. The duties given in a marriage were also biased. The Matrimonial Causes Act of 1857 granted men the ability to divorce their wives if committed of adultery. Women could not obtain divorces easily; if a woman would request a divorce, she would be living all alone without a man to care and protect her which was negatively looked on and considered to be uncivil by others. The fortune that she had previously handed away to her husband would be considered his, leaving the newly single woman with nothing to survive.
In the event of the death of her husband, the wife inherited two-thirds of their joint property and the other one-third was divided among their children, followed up by the brothers and sisters of the
The article is stimulating to know that others states take action quickly to shield children from further abuse in their homes. The Indiana's Child Protective Services (CPS), offers a service to prevent out-home placement, and assistance to rejoin children with their families in situations where the children can return home (Indiana, 2015). This service is good, if the parents are able to resume the responsibility of taking care of their children.
When two people own property together as joint tenants, there is a right of survivorship after death. For example, if a father and daughter purchased a car together, both would each own a one-half interest in the car and would each have the right to use the vehicle during their lifetimes. After one person dies, their one-half interest automatically transfers to the other person, without needing to go through the probate court.
When or if marriages dissolved, unfortunately, women did not have many legal rights over children or property. Any man or woman, who wished to divorce, could simply send the spouse a letter or even by declaring in front of witnesses that the marriage was over. There was no such thing as joint marital property and any children of the marriage belonged to the father. If the husband initiated the divorce, he must return the full dowry (B. M. James C. Thompson). There were a number of additional
CHLEG001 – WORK WITHIN LEGAL AND ETHICAL FRAMEWORK 1. Why do you think code of ethics is so important in relation to working with children? The code of ethics is important because it involves continually having to think about your everyday actions in relation to the rights and needs of children. (E.g treating every child equally) 2.
I really enjoyed reading your post! You brought up a very interesting example about how older generations are more conservative. Liberalism is definitely increasing in society today among young adults. I believe this change is present because society is beginning to become more accepting of things that were once viewed as deviant. We are developing as a nation and older generations may not approve of this since some aspects may be deviant to them.
Divorce fractures the family unit which had previously provided its children with much needed stability and allowed those children to prosper. Assets that previously been allocated to a child’s development are now used to help them adapt to their new life status.
Based on the expectation that is put on children during this era, it appears as if parents are expecting kids to be perfect. The expectation for children has risen forcing them to grow up mentally at a younger age, which inevitably exposes them to things that they do not need to be exposed to. Whenever a child makes a mistake or messes up sometimes the phrase room for error seems to be getting thinner by the year. In addition, due to lack of education, and the lack of an open conversation across the floor both between adults and kids. The fine line of child abuse in consideration of when a child is telling the truth, and when they could be lying about being abused. Worst case scenario could be when they are dead.
My personal values help guide me to distinguish what is right and wrong, this helps me in everyday life decision making along with taking action. The values I have chosen and hold closest to my core include integrity, responsibility, concern for others, and honesty. I chose these values because I feel that they are the most important in my life, and they relate well to the topic of child abuse. Integrity is the quality of being honest with strong morals. This is one of the most honorable values to have because not many people possess this trait.
Ethical behavior is often seen as amoral when used for persuasive purposes. This is possible because persuasion may be used in unethical situations as well as ethical situations. Either way, it depends upon the person who is trying to persuade others. Adolf Hitler is an excellent example of someone who persuaded millions of people to behave unethically. On the other hand, Mother Teresa used persuasion for ethical reasons by caring for the sick and the orphaned, and because of this has impacted an entire world.