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O'Brien v. O'Brien

508 S.E.2d 300 (1998)

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O'Brien v. O'Brien

North Carolina Court of Appeals

508 S.E.2d 300 (1998)

Facts

Richard O’Brien (plaintiff) and Mabel O’Brien (defendant) married in 1975. In 1986, Mabel received a $163,000 inheritance from her father. Mabel opened an investment account and deposited most of the inheritance into the account. The account was a joint account in the names of both of the O’Briens. Over the remainder of the marriage, the parties deposited fewer marital funds into the account than they withdrew for marital purposes. In 1994, Mabel received an inheritance from her aunt. Mabel deposited most of the inheritance into the investment account. The parties jointly met with an investment broker who handled the account and occasionally jointly chose an investment strategy. The parties divorced, and Richard moved for equitable distribution. The trial court found that the investment account funds were Mabel's separate property and were not subject to division. Richard appealed.

Rule of Law

Issue

Holding and Reasoning (Horton, J.)

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