Horton v. Horton

Because there is some ambiguity in our case law about the impact that a spouse’s payments toward the mortgage on the other spouse’s separate property may have on the issue of equitable division — especially where there is no increase in value in the separate home — I have some hesitation in affirming the trial court’s award of attorney fees in this case. However, out of deference to the trial court, and given that Wife (1) made no attempt to sort through the gray areas of the law and present a more viable argument for purposes of equitable division; (2) asserted instead a position that was…