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Tag Archives: separate property

Domestic Relations – Equitable Distribution – Attorneys – Contingency Fee – Separate Property – First Impression – Real Property – Alimony – Income (access required)

  Green v. Green (Lawyers Weekly No. 011-300-17, 31 pp.) (Linda McGee, C.J.) (John Tyson, J., concurring) Appealed from Forsyth County District Court (Lillian Jordan, J.) N.C. App. Holding: Where the defendant-husband did not have any right to receive compensation ...

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Domestic Relations – Equitable Distribution – Classification – Inherited Funds – Separate Bank Accounts (access required)

Congdon v. Congdon Where the plaintiff-wife presented evidence that she inherited the funds in two bank accounts from her grandfather and always maintained the funds in accounts held solely in her name, the wife’s evidence supported the trial court’s classification of the funds as the wife’s separate property

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Domestic Relations – Equitable Distribution – Separate Property – Marital Gift – Marital Home – Post-Separation Mortgage Payments – Rental Value (access required)

Fox v. Fox When the parties got married, they sold their separate residences and contributed most of the sales proceeds to the purchase of their marital home. The plaintiff-wife did not express any intention in the conveyance for her gift to be considered separate property. Based on the marital gift presumption, it appears the parties’ intentions were to have their separate contributions considered as gifts to the marital estate, and the wife does not present sufficient clear, cogent, and convincing evidence to suggest otherwise.

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Domestic Relations – Alimony – Sexual Misconduct – Physical & Verbal Abuse – Equitable Distribution – Classification – Separate Property – Marital Gift Presumption (access required)

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.

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Domestic Relations – Equitable Distribution – Separate Property – ‘Consideration’ — Distributive Award – Dairy Farm (access required)

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.

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Domestic Relations – Equitable Distribution – Classification – Corporate – Separate Property – Debt to Couple – Unequal Division (access required)

Mugno v. Mugno. (Lawyers Weekly No. 10-07-0609, 9 pp.) (Robert N. Hunter Jr., J.) Appealed from Wake County District Court. (Christine Walczyk, J.) N.C. App. Holding: A corporation partly owned by the defendant-husband was a necessary party to this equitable-distribution ...

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