Smith v. Smith

BVLaw
Full Text of Court Cases
February 13, 2024
0782 Lawn and Garden Services
561730 Landscaping Services
marital dissolution/divorce
divorce, fair market value (FMV), marital estate, equitable distribution, appreciation, separate property, real property, marital property

Smith v. Smith
2024 Miss. App. LEXIS 71
US
State Court
Mississippi
Court of Appeals
Wilson, McDonald, Lawrence, Barnes, Carlton, Greenlee, Westbrooks, McCarty, Smith, Emfinger

Summary

In this divorce case appeal, the appeals court remanded to the Chancery Court the issue of separate versus marital property. The appellate court determined that one of the husband’s businesses was marital property and not separate property as the Chancery Court decided. It remanded that portion of the Chancery decision with instructions to change the ruling and determine a value for the now marital property business—but without any goodwill.
Smith v. Smith
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See Also

Appellate Court (Mississippi) Affirms That Goodwill Is Not a Marital Asset

In this divorce case appeal, the appeals court remanded to the Chancery Court the issue of separate versus marital property. The appellate court determined that one of the husband’s businesses was marital property and not separate property as the Chancery Court decided. It remanded that portion of the Chancery decision with instructions to change the ruling and determine a value for the now marital property business—but without any goodwill.