(DOWNLOAD) "Gum v. Gum" by Court of Appeals of North Carolina ~ eBook PDF Kindle ePub Free
eBook details
- Title: Gum v. Gum
- Author : Court of Appeals of North Carolina
- Release Date : January 20, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
We will first address appellants second argument wherein he contends that the trial court erred in distributing the post-separation appreciation of two of the marital assets equally between the parties. specifically, the court found that the building housing the defendants law firm was in part marital property and distributed the marital interest in the building to defendant husband. The court then found that the building had increased in value between the date of separation and the date of trial as the result of "passive appreciation" and mortgage reduction in the net amount of $16,955.67. The court also found that the escrow account containing the proceeds from the sale of the marital home was marital property and distributed that account to plaintiff wife. The court then concluded that the account had increased in value by $3,272.01 since the date of separation. The court ordered that the appreciation of both assets be distributed by awarding plaintiff wife the entire $3,272.01 from the growth of the escrow account and by ordering defendant husband to pay plaintiff wife cash in the amount of $6,473.70 in order to bring her total share of the combined appreciation to 50%. We agree that the trial court erred in this distribution.