Kyle Frost Obtains Equitable Distribution Appeal, Court of Appeals of North Carolina
Following an Equitable Distribution trial, Wife was awarded an unequal distribution of the marital estate in her favor with Wife receiving 51.5% of the marital estate and Husband receiving 48.5%. Horack Talley filed an appeal on behalf of Defendant/Husband.
Evidence was presented at trial about factors relevant to an unequal distribution pursuant to N.C. Gen. Stat. 50-20(c). Because the trial court failed to make a finding about the evidence presented, the Court of Appeals remanded the case for further findings of fact.
Additionally, the Court of Appeals vacated a portion of the trial court’s order regarding valuation of real property. While Wife testified that she thought the value of the real property was $300,000.00, she also admitted that she “had no idea” of the actual market value of the real property.
The Court of Appeals vacated the valuation of the real property of $300,000.00 by the trial court because Wife’s testimony was insufficient to support the trial court’s valuation.