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Woosnam v. Woosnam

Court of Appeals of Kentucky

587 S.W.2d 262 (Ky. App. 1979)

Relevant factsFree

Patricia (plaintiff) owned a home before marrying Kenneth (defendant); after selling it during the marriage, she used the non-marital sale proceeds to help buy the couple's second home, where they lived until separating. The chancellor calculated Patricia's separate interest in the first home, converted it to a percentage of that home's sale price, and awarded her that percentage — but attributed the entire appreciation in the second home's value to the couple's joint marital efforts, without any supporting evidence, and without accounting for ordinary inflation.

IssueFree

Whether a spouse is entitled to restoration of separate property if the spouse used funds from the sale of separate property to purchase a new property during the marriage.

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