On remand from a prior appeal, this court instructed the trial court to make findings of fact regarding the defendant-wife’s inheritance from her father. The trial court erred in its reconsideration of the post-separation inheritance – a distributional factor – ...

Tagged with: equitable distribution

Tax returns indicated that the defendant-husband had a 60-40 partnership with his father and that he took no post-separation capital distributions; however, the trial court could believe the husband’s testimony that the partnership was actually 50-50, and the court should ...

Tagged with: equitable distribution

Our state’s 529 Savings Plan criteria say that plan participants “retain[] ownership and control over the Account,” and that their children, as the account beneficiaries, have “no control over any of the Account assets.” The court rejects the defendant-wife’s argument ...

Tagged with: equitable distribution

Since the defendant-husband’s post-separation debt payments on a gleaner combine were made in 2015, they are subject to the 2013 amendments to the equitable distribution statute. Thereunder, post-separation debt payments are only divisible property if they constitute “[p]assive increases and ...

Tagged with: equitable distribution

Holding: Even though plaintiff first raised her equitable distribution claim in her complaint for divorce from bed and board – filed before the parties separated – since she raised it again in a verified motion after the parties were separated, ...

Tagged with: equitable distribution

Holding: Plaintiff’s post-separation interest-only payments on the parties’ mortgage were payments on “financing charges and interest related to marital debt”; as such, a strict reading of G.S. § 50-20(b)(4)(d)’s plain language reveals them to be divisible payments. We affirm the ...

Tagged with: equitable distribution

Crowell v. Crowell (Lawyers Weekly No. 011-001-18, 34 pp.) (Wanda Bryant, J.) (Hunter Murphy, J., concurring in part & dissenting in part) Appealed from Mecklenburg County District Court (Christy Mann, J.) N.C. App. Holding: In this equitable distribution action, the ...

Tagged with: equitable distribution

Ellison v. Ellison (Lawyers Weekly No. 012-097-17, 11 pp.) (Wanda Bryant, J.) Appealed from Ashe County District Court (Jennie Houston, J.) N.C. App. Unpub. Holding: Though plaintiff said he did not care about the distribution of household furnishings, the trial ...

Tagged with: equitable distribution

Porter v. Porter (Lawyers Weekly No. 011-085-17, 29 pp.) (Donna Stroud, J.) Appealed from New Hanover County District Court (Melinda Crouch, J.) N.C. App. Holding: Although the parties agreed that the plaintiff-husband would be unable to pay the $348,050 distributive ...

Tagged with: equitable distribution

Lund v. Lund (Lawyers Weekly No. 011-083-17, 9 pp.) (John Tyson, J.) Appealed from Buncombe County District Court (Ward Scott, J.) N.C. App. Holding:  Where the only evidence as to the date-of-distribution value of the marital home was the plaintiff-wife’s ...

Tagged with: equitable distribution