Mary argues that a 50/50 split of the couple’s marital estate, which consists solely of Harry’s
ABC Company stock, is appropriate, and that Harry has not overcome the presumption of an
equal division of the marital property. Harry argues that his contribution to the marital estate has been so substantial that it would be inequitable to require him to divide the marital estate equally.
He argues for at least a 65/35 division of property.
Using the information obtained from the client interview with Mary as well as the relevant West
Virginia statute and other information provided to you by the Senior Partner, please prepare an
objective memorandum analyzing how the Supreme Court of West Virginia will likely distribute
the marital estate.
You need not prepare a separate statement of facts, but in each part of the memorandum you
should incorporate the relevant facts, analyze the applicable legal authorities, and explain how
the facts and law affect your analysis. A carefully crafted subject heading should precede each
discussion section. For the purpose of your analysis, assume that the marital estate consists solely of Harry’s ABC Company stock.
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