Equitable Distribution, COA18-405, Feb. 19, 2019, Nordman v. Nordman, Iredell County
Equitable distribution orders and contempt orders are both immediately appealable.
Equitable distribution order remanded for further findings of fact on all factors within Section 50-20(c) supported by the evidence at trial. The trial court must make findings of fact concerning each distributional factor for which evidence is presented and determine in its discretion whether an unequal distribution is equitable.
Wife testified about value of a Denver home based on a properly objected to and excluded Zillow.com estimate. The owner of property can testify as to the value of property purchased with marital funds unless it affirmatively appears that the owner does not know the market value of his/her property. Wife testified that she had “no idea” of the value of the Denver home on cross examination rendering her testimony about the fair market value insufficient to support the trial court’s valuation.
Practice tip: Be sure to make a proper objection to evidence at the time the evidence is offered. Husband properly objected to the Zillow.com estimate but then failed to object when Wife testified from knowledge she obtained from Zillow.com.
A vehicle driven by the parties’ adult son is marital property because it was owned by the parties as evidenced by the title, despite the fact that son insures the car and pays for any repairs.