Source of Funds
NEW YORK: Zanger v. Zanger, ___ A.D.2d ___, 767 N.Y.S.2d 489 (2003).
The husband owned separate real property, but marital funds were used to pay off the mortgage. The husband was entitled to a return of his separate contributions; the remainder of the home was marital property. Even though the husband could not prove his separate contributions with documentary evidence, the trial court did not err in recognizing them, where neither party was able to suggest any marital source from which the contributions could possibly have come.
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GEORGIA: Wright v. Wright, 277 Ga. 133, 587 S.E.2d 600 (2003).
A home which the husband brought into the marriage and a business which he started with inherited funds during the marriage were not entirely marital property. The marital interest was limited to any increased value acquired with marital funds or efforts. On the facts, the court did not err by awarding the wife less than one-half of the marital interest.
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NEW YORK: Cassara v. Cassara, ___ A.D.2d ___, 767 N.Y.S.2d 492 (2003).
The trial court did not err in finding that the husband's undocumented oral testimony was not sufficient to trace presently existing assets to a primary separate source.
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FLORIDA: Taaffe v. Taaffe, 849 So. 2d 1201 (Fla. Dist. Ct. App. 2003).
Funds loaned to both parties by the wife's mother were not a nonmarital contribution to the home where the loan had not been repaid at the time of divorce.
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GEORGIA: Snowden v. Alexander-Snowden, ___ Ga. ___, 587 S.E.2d 54 (2003).
The evidence was sufficient to prove the value of the wife's premarital home on the date of marriage and the amount of marital contributions to it, for purposes of applying the source of funds rule.
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