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equitable distribution

Jun 16, 2015

Domestic Relations — Equitable Distribution – Third Party – Valuation – Alimony – Income

Nicks v. Nicks (Lawyers Weekly No. 15-07-0604, 36 pp.) (Linda Stephens, J.) Appealed from Catawba County District Court (Mark Killian, J.) N.C. App. Holding: Since neither Entrust, LLC nor the […]

Jun 2, 2015

Domestic Relations — Civil Practice – Preliminary Injunction – Non-Party – LLC

Campbell v. Campbell (Lawyers Weekly No. 15-07-0543, 8 pp.) (Linda McGee, C.J.) Appealed from Wake County District Court (Michael Denning, J.) N.C. App. Holding: Since the trial court declined defendant’s […]

May 27, 2015

Domestic Relations — Equitable Distribution – Marital Home – Wife’s Inheritance – Tracing Funds

Frye v. Frye (Lawyers Weekly No. 15-16-0521, 8 pp.) (Rick Elmore, J.) Appealed from Rowan County District Court (Kevin Eddinger, J.) N.C. App. Unpub. Holding: Where the defendant-wife testified that […]

Mar 9, 2015

Domestic Relations — Equitable Distribution – Valuation – Post-Separation Changes

Corning v. Corning (Lawyers Weekly No. 15-16-0213, 16 pp.) (Chris Dillon, J.) Appealed from Craven County District Court (Peter Mack, J.) N.C. App. Unpub. Holding: Although marital asset Buttercup Holding […]

Mar 9, 2015

Domestic Relations — Equitable Distribution – Valuation – Real Property – Classic Car – 401k

Halford v. Halford (Lawyers Weekly No. 15-16-0214, 10 pp.) (Lucy Inman, J.) Appealed from Henderson County District Court (Emily Cowan, J.) N.C. App. Unpub. Holding: Even though defendant’s witness did […]

Feb 17, 2015

Domestic Relations — Equitable Distribution – Appeals – Remand – Mandate – Record on Appeal

Bodie v. Bodie (Lawyers Weekly No. 15-07-0151, 9 pp.) (Richard Dietz, J.) Appealed from Transylvania County District Court (Mack Brittain, J.) N.C. App. Holding: When, as in this case, this […]

Jan 14, 2015

Domestic Relations — Equitable Distribution – Distributive Award – Ability to Pay – Appeals – Rules Violations

Anderson v. Anderson (Lawyers Weekly No. 15-16-0047, 12 pp.) (Rick Elmore, J.) Appealed from Surry County District Court (Charles Neaves Jr., J.) N.C. App. Unpub. Holding: The trial court ordered […]

Dec 18, 2014

Domestic Relations — Equitable Distribution – LLC Distributions – Divisible Property – Parents’ Estate Planning

Montague v. Montague (Lawyers Weekly No. 14-07-1168, 18 pp.) (Chris Dillon, J.) Appealed from Wake County District Court (Debra Sasser, J.) N.C. App. Holding: Since the parties owned a commercial […]

Oct 16, 2014

Bankruptcy — Real Property – Lis Pendens – Domestic Relations – Equitable Distribution

Angell v. Faison (Lawyers Weekly No. 14-05-0971, 14 pp.) (Stephani Humrickhouse, J.) 13-00165-8; E.B.N.C. Holding: On the petition date, the chain of title for each of the real properties at […]

Oct 7, 2014

Domestic Relations — Equitable Distribution – Sanctions – Notice – Timeline

Green v. Green (Lawyers Weekly No. 14-07-0936, 33 pp.) (Donna Stroud, J.) Appealed from Nash County District Court (John Covolo, J.) N.C. App. Holding: This equitable distribution action was delayed […]

Jun 18, 2013

Domestic Relations – Contract — Prenuptial Agreement – Civil Practice – Jurisdiction

Callanan v. Walsh In their divorce/equitable distribution case, the parties invoked the district court’s jurisdiction to decide matters related to their premarital agreement. Therefore, the superior court lacks jurisdiction to adjudicate plaintiff’s claim that defendant breached the premarital agreement.

Jan 24, 2013

Family Law – Divorce– Equitable Distribution – Motion to Dismiss

Ward v. Ward A voluntary dismissal by one party does not impede the other party from pursuing an independent equitable distribution claim.

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