Question of whether trial court erred when it awarded property purchased during the marriage to the wife.Divorce hearing was held in 06/10. Transcript of proceedings ends during direct examination of wife after a discussion was held off the record. No other testimony was presented. Both wife and husband filed written summary of their testimony. In 10/10, the trial court entered a divorce judgment dividing real and personal property. Each was awarded real property owned prior to the marriage and the wife was awarded a farm purchased during the marriage. The husband appealed.
The properties in questions consisted of three parcels. One parcel was inherited by the wife and the other two were purchased in using an equity line from one of the properties owned by the husband. Both parties contributed monies towards the building of the home on the farm. The husband believed that he should be awarded equity in the farm. The wife argued that she contributed money to improvement of husband’s rental property which offset the husband’s financial contributions to the farm. The trial court’s judgment did not address the husband’s rental property as divisible marital asset. Husband also argued that property owned by him prior to the marriage remained on the farm.
The Court stated that “Because such a determination affects the analysis of whether the division of property was equitable, we remand the cause with instructions to the trial court to clarify its division of personal property.