Fitzwater v. Fitzwater

RONALD R. HOLLIGER, Judge.

Chris Fitzwater (“Husband”) appeals a judgment dissolving his marriage to Kathy Fitzwater (“Wife”) complaining that the trial court erred in its property division by dividing a marital asset (proceeds from the sale of the parties’ farm) that did not exist at the time of dissolution hearing and that had not been squandered by Husband. Reversed and remanded.

The decree of dissolution awarded wife a judgment against husband in the sum of $28,429.77. The majority of this amount, $18,696.27, was found by the trial court to be respondent’s share of proceeds from the sale of…