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Kyle Frost Obtains Equitable Distribution Appeal, Court of Appeals of North Carolina

(No. COA18-405; Filed: 19 February 2019) 2/19/2019

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.



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