WIRTH v. WIRTH

No. COA07-1393.

668 S.E.2d 603 (2008)

Diane S. WIRTH, Plaintiff, v. Peter J. WIRTH, Defendant.

Court of Appeals of North Carolina.

November 18, 2008.


Attorney(s) appearing for the Case

M. Clark Parker, Cornelius, for plaintiff-appellee.

Horack, Talley, Pharr & Lowndes, PA, by Kary C. Watson, Charlotte, for defendant-appellant.


STEELMAN, Judge.

Where the trial court was unable to determine whether the diminution in value of a corporation was due to the actions of defendant or to forces beyond his control, the trial court erred in treating the diminution in value as non-divisible property and considering it as a distributional factor. Where the parties entered into a consent order distributing certain marital assets, the trial court did not err in using the valuation set by the parties in...

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