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Domestic Relations – Equitable Distribution – Valuation – Family Business – Marital Home – Post-Separation Payments
Williamson v. Williamson In finding that the parties’ family business was worth $26,500 on the date of separation, the trial court indicated that it relied on the plaintiff-husband’s valuation of the business. However, a review of the record shows that the husband did not value the company at $26,500; moreover, the husband gave conflicting testimony about the company’s value.
Civil Practice – Abatement – Domestic Relations – Equitable Distribution – Real Property – Quiet Title Action – Subject Matter Jurisdiction
Tripp v. Tripp Where the plaintiff-husband had already submitted the issue of the ownership of a tract of land in Kure Beach to the Brunswick County District Court in an equitable distribution action, the New Hanover County Superior Court lacked subject matter jurisdiction over the husband’s action against his wife to quiet title in the same land. We affirm the superior court’s dis[...]
Domestic Relations – Equitable Distribution – Civil Practice – Discovery – Sanctions — Contempt
Ross v. Ross The plaintiff-husband was ordered to respond to the defendant-wife’s discovery requests, but he responded that information about the Emerald Isle property at issue was “proprietary” and would be revealed in court at the equitable distribution hearing “when necessary.” He also claimed he could not produce financing information about the property because his former attorn[...]
Civil Practice – Appeals – Subject Matter Jurisdiction – Domestic Relations – Equitable Distribution – Distributive Award – Enforcement Pending Appeal
Romulus v. Romulus Where the trial court’s equitable distribution order required the defendant-husband to make a distributive award to the plaintiff-wife in monthly installments over seven years, once the husband appealed the order, the trial court lacked subject matter jurisdiction to enforce the payment of the installments. Vacated and remanded.
Domestic Relations – Alimony – Sexual Misconduct – Physical & Verbal Abuse – Equitable Distribution – Classification – Separate Property – Marital Gift Presumption
Romulus v. Romulus Despite the defendant-husband’s own marital misconduct - in the form of physical abuse of the plaintiff-wife and physical and verbal abuse of the parties’ children - the wife is barred from receiving alimony because she engaged in illicit sexual activity in 1999.
Domestic Relations – Equitable Distribution – Arbitration — Real Property – Investment & Retirement Accounts
Barton v. Barton Where the defendant-husband engaged in frequent trading activity during the parties’ marriage, and the investment account increased in value by $201,937, the arbitrator could conclude that the account’s increase in value, after the date of marriage and before the date of separation, was not passive appreciation and was property acquired by the marital estate. We af[...]
Domestic Relations – Equitable Distribution – Distributive Award – Ability to Pay – Interest
Smith v. Smith The trial court found that the plaintiff-husband had $176,000 equity in the marital home; moreover, the trial court distributed to the husband $33,662 in “liquid, non-tax-deferred assets.” Therefore, the trial court did not err in determining that the husband “has the ability to make the [$110,575] distributive award.”
Domestic Relations – Equitable Distribution – Separate Property – ‘Consideration’ — Distributive Award – Dairy Farm
Williams v. Williams Once the trial court found the “Mayberry Tract” to be the defendant-husband’s separate property, the trial court was not required - as argued by the plaintiff-wife — to value the Mayberry Tract for the purpose of considering it pursuant to G.S. § 50-20(c)(1). We affirm the trial court’s equitable distribution order.
Civil Practice – Prior Pending Action – Different Claims – Domestic Relations – Equitable Distribution – Tort/Negligence – Identity Theft
Jessee v. Jessee Even though there is a prior equitable distribution action pending between plaintiff and defendant Christine Jessee, this action is based on Jessee's alleged post-separation activities, and the district court in a domestic relations action might not be able to make plaintiff whole if he proves the allegations he makes in this case.
Domestic Relations – Equitable Distribution – Retirement Accounts
Cheek v. Cheek. (Lawyers Weekly No. 11-07-0396, 11 pp.) (Elmore, J.) Appealed from the Yadkin County District Court. (Jeanie R. Houston, J.) N.C. App. Click here for the full text […]
Domestic Relations – Failure to Join Party – Equitable Distribution – Valuation of Marital Assets – Alimony – Notice Pleading
Quesinberry v. Quesinberry. (Lawyers Weekly No. 11-07-0339, 27 pp.) (John C. Martin, C.J.) Appealed from Surry County District Court. (Charles M. Neaves Jr. & Angela B. Puckett, JJ.). N.C. App. […]
Domestic Relations – Equitable Distribution – Alimony – Child Support – Insufficient Findings
Robinson v. Robinson. (Lawyers Weekly No. 11-07-0276, 27 pp.) (John C. Martin, Ch.J.) Appealed from Guilford County District Court. (Wendy M. Enochs, J.) N.C. App. Click here for the full […]
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