# Dusenberry v. Dusenberry

> Court of Appeals of North Carolina · February 19, 1985 · 73 N.C. App. 177

URL: https://www.frixlaw.com/law-library/cases/1250480

## Case

- **Full name:** G. REID DUSENBERRY, III v. SUE BROWN DUSENBERRY (Now FOWLER)
- **Court:** Court of Appeals of North Carolina
- **Decided:** February 19, 1985
- **Citations:** 73 N.C. App. 177; 326 S.E.2d 65; 1985 N.C. App. LEXIS 3186
- **Precedential status:** Published
- **Opinion:** Opinion by Whichard
- **Judges:** Whichard, Wells, Becton
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1250480

## Opinion text

WHICHARD, Judge.
This is an equitable distribution action pursuant to G.S. 50-20, 21, in which the court concluded as a matter of law that an equal division of the marital property was not equitable. It did so based in part upon findings that defendant-wife “began having an adulterous affair . . . and began neglecting the plaintiff and their three minor children” and that this conduct “was a major reason for the break-up of this marriage . . . and . . . was the only serious and significant mistreatment of either party by the other party during the course of this marriage.” It concluded that con
*178
sideration of “the relative fault of the parties leading to the disintegration of their marriage . . . [was] just and proper.”
Subsequent to entry of this order, this Court held that fault is not a relevant or appropriate consideration in determining an equitable distribution of marital property.
Hinton v. Hinton,
70 N.C. App. 665 , 321 S.E. 2d 161 (1984); see
also Wade v. Wade,
72 N.C. App. 372 , 325 S.E. 2d 260 (1985);
Smith v. Smith,
71 N.C. App. 242 , 322 S.E. 2d 393 (1984). The award here is clearly grounded upon fault-based findings regarding an adulterous affair on the part of defendant-wife. Because the court considered this irrelevant and inappropriate matter in awarding the marital property, the order must be vacated and the cause remanded for a new order based solely upon relevant and appropriate findings.
Vacated and remanded.
Judges WELLS and BECTON concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1250480. Public record. Not legal advice.