Monthly Archives October 2021

EQUAL NOT EQUITABLE IN DIVISION OF MARITAL PROPERTY

The Court of Appeals in Burwell v. Burwell, reiterated and expounded that in division of marital property during divorce, equal may not — and generally is not an equitable distribution. Parties had owed a marital home for over 20 years and during the divorce proceedings the trial court had ordered the sale of the marital home, and an equal division of the net proceeds. Wife argued at trial that she should be entitled to 100% of proceeds, as husband had received a long incarceration sentence, had not made any contributions toward the upkeep of the house, had ever more limited
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