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Tag Archives: Marriage

Domestic Relations – Equitable Distribution – Subchapter S Corporation – Classification & Distribution – Real Property – Valuation (access required)

<Hill v. Hill Since the parties set up their Subchapter S corporation so that the defendant-wife received a low salary and the parties received large shareholder distributions, the trial court should not have recharacterized post-separation shareholder distributions as the wife’s salary.

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Domestic Relations – Equitable Distribution – Classification – Burden of Proof – Valuation – Evidence – Unequal Division (access required)

Finney v. Finney The plaintiff-wife met her burden of proving two credit union accounts were marital property based on evidence that the property was acquired by the defendant-husband during the marriage, before the date of separation, and that the property was presently owned. The trial court incorrectly concluded that the wife did not meet her burden of proof.

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Family Law – Marriage – Bigamy – Annulment – Presumption of legality of second marriage (access required)

Mussa v. Palmer-Mussa Bound by the district court’s uncontested finding that Kareem was not authorized to perform marriage ceremonies in North Carolina. From this finding it follows that plaintiff failed to show that his marriage to defendant was bigamous because he could not demonstrate that defendant married Braswell during a marriage ceremony that met the requirements of section 51-1. As a result, the district court properly dismissed plaintiff’s annulment action.

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