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Hisquierdo Vs. Hisquierdo
Cites for this judgment
- US Supreme Court
- Jan 22, 1979
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U.S. 572 (1979) U.S. Supreme Court Hisquierdo v. HisquierdoSearch
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U.S. 572 (1979) Hisquierdo v. HisquierdoSearch
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Meyer v. KinzerSearch
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declined to assert jurisdiction over divorces that presented no federal question. See, e.g., Ohio ex rel. Popovici v. AglerSearch
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that state law be preempted. Wetmore v. MarkoeSearch
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federal interests before the Supremacy Clause will demand that state law be overridden. United States v. YazellSearch
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Brief any citation in this list with AI Studio
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necessary to forestall such an injury to federal rights by state law based on community property concepts. In McCune v. EssigSearch
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life insurance programs override community property law, absent fraud or breach of trust by the decedent. Yiatchos v. YiatchosSearch
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state rules for the allocation of a federal entitlement. The manipulation problem that concerned the Court in Yiatchos v. YiatchosSearch
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and Free v. BlandSearch
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and not just the taxes that fall on the employee. The benefits more closely parallel the land homesteaded in McCune v. EssigSearch
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here include a specified beneficiary protected by a flat prohibition against attachment and anticipation. In Wissner v. WissnerSearch
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role in the statutory Page 439 U. S. 584 scheme. Like anti-attachment provisions generally, see Philpott v. EssexSearch
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be changed without Page 439 U. S. 590 taking property in violation of the Fifth Amendment. See Richardson v. BelcherSearch
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Ruhl v. RailroadSearch
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of the Fifth Amendment and exceeded Congress' power under the Interstate Commerce Clause. Railroad Retirement Board v. AltonSearch
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to promote the general welfare. 49 Stat. 967 and 974. The operation of that legislation was enjoined. Alton R. Co. v. RailroadSearch
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the question whether an expectation of receiving Railroad Retirement Act benefits is community property. Compare Allen v. AllenSearch
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S.W.2d 312 (Tex.Civ.App. Houston, 1962) with Eichelberger v. EichelbergerSearch
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See Lagrarr v. LagrarrSearch
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Heuchan v. HeuchanSearch
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Commonwealth v. BerfieldSearch
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whether the alimony that could be made the subject of garnishment included community property. Compare United States v. StelterSearch
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Williams v. WilliamsSearch
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So.2d 869 (Fla. App. 1976), with Marin v. HatfieldSearch
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Kelley v. KelleySearch
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In Hetrick v. ReadingSearch
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Railroad Retirement Act of 1974. There can be no doubt that the State is free to treat this interest as property. Herb v. PitcairnSearch
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the concrete expressions that ordinarily are required to support a finding of federal preemption, see, e.g., Wissner v. WissnerSearch
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Wallis v. PanSearch
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federal statute preempts state substantive law, therefore, it is essential to understand what the state law is. Perez v. CampbellSearch
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Merrill Lynch, Pierce, Fenner & Smith, Inc. v. WareSearch
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reflects a concept of property and of the marital relationship entirely different from that at common law. See Poe v. SeabornSearch
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All property acquired during the marriage, however, is presumed to be community property. See, e.g., Meyer v. KinzerSearch
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The presumption is regarded as a rule of substantive property law, not one of procedure or evidence. Nilson v. SarmentSearch
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Cal.524, 96 P. 315. Cf. Poe v. SeabornSearch
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Upon dissolution of the marriage, each possesses an equal and absolute right to his or her one-half interest. Meyer v. KinzerSearch
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created by act of the state legislature have been treated as community property by the California courts, Cheney v. CitySearch
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between the provisions of the Act and the substantive law of California. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. WareSearch
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New York Dept. of Social Services v. DublinoSearch
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De Sylva v. BallentineSearch
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