Legal Opinion

Davis v. Sineath

Court of Appeals of North Carolina

Decided April 30, 1998No. COA97-1061PublishedCited by 2 opinions

1Opinion of the Court

HORTON, Judge.

Defendant argues the trial court abused its discretion by ordering an unequal division of the marital property and the marital debt. Specifically, she first contends the trial court erred by applying the “source of funds” rule to the marital residence. We disagree.

The division of marital property is a matter within the sound discretion of the trial court, and its judgment will not be disturbed on appeal absent an abuse of that discretion. Johnson v. Johnson, 78 N.C. App. 787, 790, 338 S.E.2d 567, 569-70 (1986). The trial court’s decision that an equal division is not equitable…

2Cases cited7 opinions

  1. Wade v. WadeCourt of Appeals of North Carolina · 1985
  2. Anderson Chevrolet/Olds, Inc. v. HigginsCourt of Appeals of North Carolina · 1982
  3. McLean v. McLeanSupreme Court of North Carolina · 1988
  4. Alexander v. AlexanderCourt of Appeals of North Carolina · 1984
  5. Collins v. CollinsCourt of Appeals of North Carolina · 1997

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Glaspy v. GlaspyCourt of Appeals of North Carolina · 2001
  2. Frye v. FryeCourt of Appeals of North Carolina · 2015

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