Plachta v. Plachta

The sole issue on appeal in this divorce action is whether the appreciated value of a home gifted to Margaret Plachta during her marriage is a marital asset subject to property division. The trial court concluded that because Leslie Plachta failed to establish that the appreciation was due to his efforts, the home’s appreciated value would not be subject to marital property division. Because gifted property and its appreciated value remains the separate property of the donee spouse and because the court did not find that a refusal to divide such separate property created a hardship on the…