MIDDENDORF V. MIDDENDORF, 696 N.E.2d 575 (1998) CASE BRIEF

MIDDENDORF V. MIDDENDORF
696 N.E.2d 575 (1998)
NATURE OF THE CASE: This was a dispute over the characterization of the appreciation of separate property during marriage.
FACTS: H and W were married. H owned a stockyard and when they were married it was worth $201,389 and in 1992 the value was $309,930. Thus for purposes of dissolution, the asset had increased by $108,541. The business primarily involved the buying of hogs and reselling them to the slaughterhouse. The stockyard also contracted with farmers to feed hogs. H argued that there was no evidence that the increase in the stockyard was due to money, labor, or in kind contribution. H asserts that the increase was due solely to passive appreciation from market changes.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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