# Nichols v. Nichols

> Court of Civil Appeals of Alabama · December 28, 2001 · 824 So. 2d 797

URL: https://www.frixlaw.com/law-library/cases/9931917

## Case

- **Full name:** Mary Jane Nichols v. John C. Nichols.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** December 28, 2001
- **Citations:** 824 So. 2d 797; 2001 WL 1658688
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Crawley, Thompson
- **Cited by:** 35 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/9931917

## How later opinions describe it (automated extraction)

- noting that "marital property generally includes property purchased or otherwise accumulated by the parties during the marriage [and] . . . property acquired before the marriage or received by gift or inheritance during the marriage when it is used, or income from it is used, …
- discussing the difference between marital estates and separate estates and noting that property purchased during the marriage with marital funds is marital property

## Opinion text

I must respectfully dissent. Although I agree that the trial court used some inappropriate terminology in fashioning its property division, the division itself appears to be equitable. The wife receives a total of $781,542 in assets under the trial court's judgment. A property division need not be equal, only equitable; the task of determining what is equitable falls to the trial court. Ross v. Ross, 447 So.2d 812
(Ala.Civ.App. 1984). I would affirm the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9931917. Public record. Not legal advice.