Domestic Relations – Equitable Distribution – Subject Matter Jurisdiction – Pre-Separation Complaint
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 […]
Domestic Relations – Equitable Distribution – Divisible Property – Statutory Amendment – Interest Payments
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 […]
Domestic Relations – Equitable Distribution – Distributive Award – Separate Property – Plaintiff’s Corporation & Son
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, […]
Domestic Relations – Equitable Distribution – Real & Personal Property
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 […]
Domestic Relations – Equitable Distribution – Distributive Award – Interest Rate – Ability to Pay – 15-Year Payment Period
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 […]
Domestic Relations – Equitable Distribution – Divisible Property – Marital Home – Date of 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 […]
Domestic Relations – Equitable Distribution – Military Pension – Changed Circumstances – Seifert Method – Subject Matter Jurisdiction – Alimony
Gurganus v. Gurganus (Lawyers Weekly No. 011-054-17, 14 pp.) (Douglas McCullough, J.) Appealed from Onslow County District Court (William Cameron III, J.) N.C. App. Holding: Despite the defendant-husband’s claims that […]
Domestic Relations – Equitable Distribution – Distributional Factor – Post-Separation Payments – Classification – Pension – Survivor Annuity
Grennan v. Grennan (Lawyers Weekly No. 012-010-17, 10 pp) (Lucy Inman, J.) Appealed from New Hanover County District Court (Robin Wicks Robinson, J.) N.C. App. Unpub. Holding: Active decreases in […]
Domestic Relations – Equitable Distribution – Classification & Valuation – Failed Business – Rule 11 Sanctions
Chafin v. Chafin (Lawyers Weekly No. 011-337-16, 18 pp.) (Rick Elmore, J.) Appealed from Guilford County District Court (Teresa Vincent, J.) N.C. App. Holding: Even if the trial court erred […]
Domestic Relations – Equitable Distribution – Classification – Burden of Proof – Bank Accounts
Uhlig v. Civitarese (Lawyers Weekly No. 012-188-16, 13 pp.) (Lucy Inman, J.) Appealed from Alexander County District Court (Christine Underwood, J.) N.C. App. Unpub. Holding: Since the parties disagreed as […]
Domestic Relations – Equitable Distribution – Unequal Division – Insufficient Findings
Bibbs v. Bibbs (Lawyers Weekly No. 012-122-16, 11 pp.) (Linda Stephens, J.) Appealed from Wake County District Court (Lori Christian, J.) N.C. App. Unpub. Holding: Where the defendant-wife presented evidence […]
Domestic Relations – Equitable Distribution – Classification – Subchapter S Earnings – Distributive Factors – Marital Losses
Hill v. Sanderson (Hill) (Lawyers Weekly No. 15-07-1085, 35 pp.) (Linda McGee, C.J.) Appealed from Buncombe County District Court (Julie Kepple, J.) N.C. App. Holding: Where the defendant-wife owns 100 […]
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