Statement of the Case
David Scoggin (“Husband”) appeals the trial court’s division of assets pursuant to the dissolution of his marriage to Melony Scoggin-Sommers (“Wife”). On appeal, he argues that the trial court erred in assessing the marital pot because it omitted certain marital assets and incorrectly valued certain assets. He also argues that the trial court abused its discretion in determining that Wife had rebutted the presumption in favor of an equal division of property. We agree that the trial court erred by failing to include all of the assets in the marital pot and by failing to accurately value all of the assets. We also conclude that the trial court did not abuse its discretion in determining that Wife had rebutted the presumption in favor of an equal division of assets. We remand to the trial court with instructions to include the omitted marital assets with correct valuations in the marital pot. The trial court may then distribute the marital assets in accordance with this amended assessment of the marital pot and its finding that Wife rebutted the presumption in favor of equal division.
We affirm in part, reverse in part, and remand.
Issues
1. Whether the trial court erred in calculating the marital pot.
2. Whether the trial court abused its discretion when it
determined that Wife had rebutted the presumption in favor of
an equal distribution of the assets.
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