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Domestic Relations – Equitable Distribution – Trial Court’s Calculations – Remand
North Carolina Lawyers Weekly Staff//May 10, 2012//
Schweizer v. Patterson (Lawyers Weekly No. 12-16-0505, 16 pp.) (Douglas McCullough, J.) Appealed from Transylvania County District Court. (Athena F. Brooks, J.) N.C. App. Unpub. Click here for the full-text opinion.
Holding: The equitable distribution order appears (1) without explanation, to ignore the fact that certain assets were stipulated to be separate property and (2) to improperly consider passive increases to the value of separate property. Moreover, using the figures set out in the order, our calculations do not match those of the trial court.
The trial court failed to properly organize the order in such a way as to allow for meaningful review. We reverse and remand for further proceedings.
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