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Maglica v. Maglica What is Mrs. Maglicas fair share?

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Presentation on theme: "Maglica v. Maglica What is Mrs. Maglicas fair share?"— Presentation transcript:

1 Maglica v. Maglica What is Mrs. Maglicas fair share?

2 Recovery of share of joint business assets Breach of contract by defendant (oral and implied)

3 Mr. and Mrs. Maglica engaged in a husband wife relationship for 20 years Mr. Maglica presented Mrs. Maglica as his wife Mrs. Maglica participated in the daily running and decision making of the business

4 It is the plaintiffs contention that twenty years ago she entered into a relationship with Anthony Maglica. She took his name and they both presented themselves as husband and wife in all aspects of their lives, including business. Mr. Maglica made an oral agreement that everything they accumulated together would be shared together including the business (Mag Instruments)

5 DateSignificant Event May14, 1971Anthony and Claire Maglica consummate their relationship as husband and wife. Mr. Maglica promises Mrs. Maglica an equal shall of all assets accumulated in the relationship. Both parties recognize this as their wedding anniversary July 1971 Anthony Maglica Registers as Mr. and Mrs. Anthony Maglica at the Crown Plaza Hotel in New York. Mr. Maglica purchases a wedding band for Mrs. Maglica and they exchange wedding vows at St. Patricks Cathedral, where they again commit themselves to each other as husband and wife. ? 1971Mrs. Maglica starts working at the fledging machine shop business, where she eventual became Executive Vice President of the company. She worked as an equal partner in the daily running, decision making and management of the company. 1992Mr. and Mrs. Maglicas relationship ends and the business has assets in excess of 150 million dollars which Mrs. Maglica help build.

6 Mr. Maglica will testify that Mrs. Maglica has no claim whatsoever to any part of the business they built together. Mr. Maglica will testify that there was no legal binding marital contract between himself and Mrs. Maglica, therefore she has no claim to any portion of the assets they accumulated together including the business (Mag Instruments). He will also testify that he made no agreements oral or implied about the share of the marital assets she would be entitled to if the relationship ended.

7 The defendant will have the court believe that he has no legal obligation to compensate Mrs. Maglica for her contribution in helping build their business. Mr. Maglica contends that he owes nothing to Mrs. Maglica, because they were not legally married. For 20 years Anthony Maglica presented Mrs. Maglica as his wife. They maintained a home together, he depended on her as any husband would depend upon his wife. They ran a business together and maintained a relationship as any husband and wife would. Mr. Maglica made an oral contract that stated Mrs. Maglica would receive half of his business assets. We ask the court to compensate and ensure Mr. Maglica upholds his duty as a husband to provide for his wife and make him accountable for the oral contract he made with his wife Claire Maglica.

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