Mattingly v. Mattingly

PARKER, Acting Chief Judge.

Jan Mattingly, now known as Jan Nichols (the wife), appeals a judgment of dissolution *215of marriage. Of the two issues the wife raises, we agree that the trial court erred in including the wife’s special equity award in the distribution of marital assets. Accordingly, we reverse.

The wife correctly argues that the trial court erred in considering her $30,000 special equity as part of the marital assets for the purpose of equitable distribution. The trial court first should have ascertained the amount of her special equity and separated that amount from the value of the…