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Marriage of Thomas

821 P.2d 1227 (1991)

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Marriage of Thomas

Washington Court of Appeals
821 P.2d 1227 (1991)

  • Written by Tammy Boggs, JD

Facts

In 1940, Eunice Thomas (plaintiff) and Marvin Thomas (defendant) married. The couple accumulated community property worth over $1 million during their marriage, including rental properties. Marvin managed the rental properties and controlled rental income. In 1985, the Thomases separated. In 1987, a trial was held to determine a fair division of community property. During the divorce proceedings, Marvin was ordered, twice, to provide a complete accounting related to the rental properties during the separation period, including rental income, expenses, mortgage payments, repairs, taxes, and insurance. Marvin failed to comply. The trial court found that Marvin had received over $100,000 in rental income during the separation period, mostly unshared with Eunice. Lacking information to properly calculate net rental income, the court decided it would subtract mortgage payments from rental income to arrive at net rental income, and then the court offset the calculated amount with funds in Eunice’s possession from the sale of a different asset so that Eunice did not receive a separate award of rental income. Eunice appealed, challenging the fairness of the trial court’s treatment of rental income.

Rule of Law

Issue

Holding and Reasoning (Shields, J.)

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