In re the Marriage of Shelley

Wife appeals from a dissolution judgment. She contends that the trial court erred in its division of the property.1 On de novo review, we conclude that the trial court erred in failing to make an adjustment to the division based on a $37,5002 payment that husband made to his brother shortly before trial.

Husband gave the money to his brother, allegedly in payment of several overdue installments on a note. The trial court found, and we agree, that the payment was a sham designed to reduce assets for the purpose of this dissolution. The fact that the money was income from separate property does…