Rooks v. Rooks

As a part of the jury verdict in a divorce proceeding, the marital home was ordered sold, and the wife was awarded one-half of the proceeds as equitable division. She also was awarded any relocation fee which the condemning authority might pay in connection with its prospective acquisition of the property by eminent domain. We granted the husband’s application for discretionary appeal in order to determine whether the home was subject to equitable division.

Testimony at trial established that the home was once owned by the husband’s mother. The husband and wife rented it until 1977, when the…