Holte v. Holte
Docket No. 20120312
Oral Argument:
Tuesday, April 9, 2013 10:00am
Docket Info
- Title
- Dawn R. Holte, Plaintiff, Appellee
and Cross-Appellant
v.
Nathan W. Holte, Defendant, Appellant
and Cross-Appellee - Case Type
- CIVIL APPEAL : DIVORCE/PROPERTY DIV./ALIMONY
- Appeal From
-
Case No. 10-C-00730
Northwest Judicial District, Williams County
Joshua B. Rustad
2013 ND 174837 N.W.2d 894
Oral Argument
4/9/2013
Highlight
When a substantial marital debt has been excluded from the marital estate, it is not possible to determine whether the district court would have reached the same result in allocating the assets and debts had it included the debt.
Trusts are generally included as marital property subject to equitable distribution by the district court and may be divided at the time of divorce either by awarding the present value of the benefits or, when the present valuation is too speculative, by awarding a percentage of future payments.
Marital property is ordinarily valued as of the date of trial.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/03/2012 | NOTICE OF APPEAL : 07/30/2012 | |
2 | 08/03/2012 | ORDER FOR TRANSCRIPT : 07/30/2012 | |
3 | 08/03/2012 | ANNOUNCED DISQUALIFICATION : Crothers, Daniel John | |
4 | 09/17/2012 | MOT. EXT/TIME TRANSCRIPT | |
5 | 09/17/2012 | ACTION BY TRIAL COURT - Granted : 10/28/2012 | |
6 | 09/27/2012 | ELEC. RECORD ON APPEAL DATED SEPTEMBER 26, 2012 (ENTRY NOS. 1-117) | |
7 | 10/06/2012 | NOTICE OF CROSS APPEAL (filed 9/6/12 in trial court) | |
8 | 10/05/2012 | ELEC. 1st SUPP. RECORD ON APPEAL DATED October 4, 2012 (ENTRY NOS. 119 - 120) | |
9 | 10/08/2012 | ELEC. Amended 1st SUPP. RECORD ON APPEAL DATED October 5, 2012(ENTRY NOS. 1-121).No Document #118 | |
10 | 10/27/2012 | TRANSCRIPT DATED APRIL 18, 2011, & C.O.S. | |
11 | 10/27/2012 | DISK-TRA (4/18/11) E-MAILED | |
12 | 11/30/2012 | MOT. EXT/TIME APPELLANT BRIEF | |
13 | 11/30/2012 | ACTION BY CLERK : 12/20/2012 | |
14 | 12/20/2012 | APPELLANT BRIEF | View |
15 | 12/20/2012 | APPELLANT APPENDIX | |
16 | 12/20/2012 | DISK (ATB) | |
17 | 01/07/2013 | MOT. EXT/TIME APPELLEE BRIEF | |
18 | 01/07/2013 | E-FILED MOTION | |
19 | 01/07/2013 | ACTION BY CLERK - Granted : 02/19/2013 | |
20 | 02/14/2013 | APPELLEE BRIEF | View |
21 | 02/14/2013 | E-FILED BRIEF | |
22 | 02/15/2013 | Received non-substantive corrections to paragraph numbering to AEB | |
23 | 02/19/2013 | Received $25 e-filing surcharge for AEB (Receipt #21700) | |
24 | 02/21/2013 | RECEIVED 7 COPIES OF AEB FROM CENTRAL DUPLICATING | |
25 | 03/18/2013 | NOTICE OF ORAL ARGUMENT SENT | |
26 | 03/19/2013 | SITTING WITH THE COURT : Olson, Everett Nels | |
27 | 04/09/2013 | APPEARANCES: Faron E. Terry; H. Malcolm Pippin | |
28 | 04/09/2013 | ARGUED: Faron E. Terry; H. Malcolm Pippin | |
29 | 04/09/2013 | ORAL ARGUMENT WEBCAST | |
30 | 09/30/2013 | DISPOSITION (AND REMANDED) | |
31 | 09/30/2013 | SPLIT OPINION : Kapsner, Carol Ronning | View |
32 | 09/30/2013 | (CONCURRING AND DISSENTING) : Sandstrom, Dale V. | |
33 | 09/30/2013 | Costs on appeal not taxed against either party | |
34 | 10/01/2013 | Judgment Sent to Parties | |
35 | 10/23/2013 | MANDATE | |
36 | 12/03/2013 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
37 | 10/14/2021 | EXPUNGED - Nonpermanent record items destroyed |