Appreciation of Assets
NEW YORK: Ritz v. Ritz, 21 A.D.3d 267, 799 N.Y.S.2d 501 (1st Dep't 2005)
The trial court did not err in holding that the marital estate included the increase in value of the husband's separate property apartment building from the date it was acquired until the date of classification in the divorce case, even though the building was acquired well before the date of the marriage. The record did not show the value of the building on the date of the marriage, and it was the husband's burden to prove that value. Because there was no proof of passive appreciation, the entire amount of appreciation was properly treated as active. Given the wife's overall lack of contribution to the building, however, the trial court erred by dividing the appreciation equally. Rather, the wife's equitable share was only 25% of the increase in value.
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GEORGIA: Southerland v. Southerland, 278 Ga. 188, 598 S.E.2d 442 (2004).
The marital home and certain commercial properties acquired by the wife with nonmarital funds were properly classified as nonmarital. The husband helped to find the commercial properties and negotiate their price, but he did not show how these contributions added value to the properties. The husband participated in construction of the marital residence, but failed to prove the amount of resulting value or the use of marital funds to pay the mortgage. In the absence of evidence valuing the marital contributions, the trial court properly found no marital interest.
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