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Pollard v. Pollard

In the absence of a transcript, the evidence presumably supported the trial court's findings regarding the individual and marital contributions to the marital home during a couple's 10-year marriage.

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After a bench trial, the trial court entered a final judgment and decree of divorce, terminating the marriage between appellant Reggie Pollard and appellee Stephanie Pollard, dividing the marital assets, and awarding alimony to Ms. Pollard. Mr. Pollard sought discretionary review, which was granted under the pilot project in effect in domestic relations cases. We now affirm. 1. Mr. Pollard asserts that the trial court misapplied the rule in Hubby v. Hubby , 274 Ga. 525 556 SE2d 127 2001, in dividing the equity in the marital residence.

Although there is no transcript of the trial, it appears to be undisputed that the marital home was purchased by husband prior to the marriage, that he made the down payment from his own funds, and that the parties lived in the home during the ten-year marriage making contributions to the overhead from marital funds. “Under the ‘source of funds’ rule, as properly applied, Wife is entitled to an equitable share of the . . . net increase in the equity in the marital home attributable to marital funds.” Hubby v. Hubby , supra at 526-527.

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