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Thursday, May 19, 2011

Donald C. Sachau v. Barbara Sachau (A-33-10)

Donald C. Sachau v. Barbara Sachau (A-33-10)

Because the judgment of divorce was silent regarding the value to be ascribed to the marital home if it was not sold upon the triggering event – the emancipation of the youngest child – it fell to the court to supply that omitted term. Pacifico v. Pacifico, 190 N.J. 258 (2007), presumes value as of the trigger if the sale takes place at that time. Here, because there was no agreement to the contrary, the marital home should have been valued as of the date of the sale.