Burrow v. BurrowAnnotate this Case
After Patrick Burrow filed a complaint for divorce from Rachel Burrow, the parties resolved all issues relating to parental rights and responsibilities. A trial was held on the disposition of the real property. The trial court entered a final order accepting the parties’ stipulated value of $310,000 of the martial home, finding that the parties’ equity in the property was $215,000, setting aside $75,00 of the equity as having been gifts to Rachel from her family, and dividing the remaining $140,000 equally. After an additional adjustment, the court distributed $77,500 of the equity to Patrick and $137,500 to Rachel. The Supreme Court vacated the judgment of the trial court and remanded, holding (1) the court’s judgment did not impermissibly have the effect of setting apart some portion of the marital equity in the real property as if it were nonmarital; and (2) the trial court erred its factual findings regarding the value of the gifts given to Rachel by her family, and therefore, the division of the equity between the parties must be decided anew.