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FRIEND-NOVORSKA v. NOVORSKA

No. COA98-84.

507 S.E.2d 900 (1998)

Doris FRIEND-NOVORSKA, Plaintiff, v. James C. NOVORSKA, Defendant.

Court of Appeals of North Carolina.

December 1, 1998.

Attorney(s) appearing for the Case

Hayes Hofler & Associates, P.A. by R. Hayes Hofler, Durham, for plaintiff-appellant.

Sharpe & Mackritis, P.L.L.C. by Jimmy D. Sharpe and Lisa M. Dukelow, Durham, for defendant-appellee.

HORTON, Judge.

In 1981, the North Carolina General Assembly "sought to alleviate the unfairness of the common law [title theory] rule by enacting our Equitable Distribution Act.... Equitable distribution reflects the idea that marriage is a partnership enterprise to which both spouses make vital contributions...." White v. White, 312 N.C. 770, 774-75, 324 S.E.2d 829, 831-32 (1985). "[T]he statute is a legislative enactment...

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