(DOWNLOAD) "In Re Marriage of Landauer" by Washington Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: In Re Marriage of Landauer
- Author : Washington Court of Appeals
- Release Date : January 03, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
State courts may not adjudicate ownership of Indian trust lands. In a dissolution proceeding between Sammy Landauer, a Nez Perce Indian, and Eugene Landauer, a non-Indian, the trial court first determined that a community property agreement converted Indian trust lands from separate property to community property, and then offset the value of the trust lands against other community property assets. But because the trial court lacked jurisdiction to adjudicate ownership of the Indian trust lands, it erred in characterizing the trust land as community property, and in offsetting its value against other property. The court may, however, consider the value of such property in determining the relative economic positions of the parties so as to arrive at a just and equitable division of the marital estate. We reverse and remand for further proceedings.