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Chapter 53
Family Law
VI. Answers to Critical Legal Thinking Cases
53.1 Marital Assets
Mississippi follows the doctrine of equitable distribution. However, since this doctrine refers to a fair
distribution and not necessarily an equal distribution, there was still conflict between the two parties.
George Neville requested the valuation of Dr. Tina Neville’s medical license and practice. However, the
sum of money to equalize that disparity to some degree for a period of ten years following the dissolution
of a marriage that only lasted seven years (measured to the time of separation). Neville v. Neville, 734
So.2d 352, 1999 Miss. App. Lexis 68 (Court of Appeals of Mississippi)
53.2 Marital Assets
Johnston, 649 N.E.2d 799, 1995 Mass. App. Lexis 429 (Appeals Court of Massachusetts).
VII. Answer to Ethics Case
53.3 Ethics Case
each spouse had in the property acquired by the other spouse during that period. Therefore, since the
husband won the $2.4 million lottery prize during the existence of the parties’ marriage, the prize is a
marital asset and is subject to the equitable-distribution statute. The wife is entitled to her share of the
lottery winnings. Did Mr. Giha act ethically in this case? Definitely not. Mr. Giha won the lottery prize
(Supreme Court of Rhode Island)
