Mallard v. Mallard

HINES, Presiding Justice.

Following the denial of her motion for new trial, as amended, and pursuant to Rule 34 (4) of this Court, Alba Horacio Mallard (“Wife”) was granted a discretionary appeal from the final judgment and decree of divorce (“Decree”) dissolving her marriage to Kenneth Russell Mallard (“Husband”). The issue on appeal is whether the superior court erred by awarding Husband a 100% interest in the parties’ marital home (the “Property”). For the reasons that follow, we reverse and remand.

This is the second marriage between the parties. They were first married in February 2010,…