Horsley v. Horsley

Thompson, Justice.

We granted an application for discretionary appeal in this divorce case to determine whether the trial court properly applied the “source of the funds” rule when apportioning the parties’ respective interests in a marital home which was brought to the marriage. We hold that it did not because it failed to determine the fair market value of the home at the beginning and end of the marriage.

The parties were married in 1988 and lived in a house which the husband purchased 23 years earlier. Due to the parties’ joint efforts, the mortgage was reduced by $5,033 during the…