In the Matter of Gabrielle Muller and William Muller
Annotate this CaseIn an appeal from a final divorce decree, respondent William Muller challenged the trial court's rulings apportioning the equity in the marital home and imputing $68,000 in annual income to him for child support. Upon review, the Supreme Court partly affirmed, partly vacated, and remanded the case for further proceedings: "[b]ecause the mortgage interest at issue here belongs to a third party, the family division lacked the jurisdiction to invalidate it. Our holding today does not imply that the family division lacks jurisdiction to divide an encumbered asset . . . However, when dividing such property pursuant to RSA 458:16-a, the family division does not have the jurisdiction to disregard or invalidate a third party's claim of interest in marital property." Accordingly, the Court vacated the trial court's order for the sale of, and distribution of the equity in, the marital home. With regard to the child support issue raised by respondent, the Court found his arguments unpersuasive, and affirmed the trial court's order with respect to that issue.
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