148 N.C. App. 649 - Hay v. Hay’s Empirical Analysis

Citation profile

15 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Divisible property” means all real and personal property as set forth below: a. All appreciation and diminution in value of marital property and divisible property of the parties occurring after the date of separation and prior to the date of distribution, except that appreciation or diminution in value which is the result of postsepa-ration actions or activities of a spouse shall not be treated as divisible property.”

   2 later decisions quote this exact passage
   e.g. 167 N.C. App. 567 - Robertson v. Robertson · 168 N.C. App. 368 - Allen v. Allen

2. “[U]nder the plain language of N.C. Gen. Stat. § 50-20 (b)(4)a, appreciation that results from the activities or actions of one spouse is not treated as divisible property. Therefore, assuming defendant’s mortgage payments resulted in an appreciation in the value of the marital home, it was the result of his actions, and any resulting appreciation does not fall within the category of “divisible” property as defined by N.C. Gen. Stat. § 50-20 (b)(4).”

   1 later decision quote this exact passage
   e.g. 199 N.C. App. 375 - Brackney v. Brackney

3. “[d]efendant's mortgage payments have not increased the marital debt, financing charges, or interest on the marital debt.”

   1 later decision quote this exact passage
   e.g. 175 N.C. App. 509 - Warren v. Warren