Hubby v. Hubby

Carley, Justice.

Linda Hubby (Wife) filed for divorce from Frank Hubby (Husband), and sought an equitable division of property. Husband moved for partial summary judgment, asserting that the marital home was his separate property because he made the down payment on the residence with his own personal funds. The trial court granted the motion, concluding that Husband was entitled to all subsequent appreciation in value attributable to market forces. We granted Wife’s application for discretionary appeal and, by order, vacated and remanded “for the trial court to hold an evidentiary hearing to…