KATSLARYNA H. BAILOR
v.
DOUGLASS D. BAILOR
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A trial court may not distribute marital property before the parties proceed to trial on equitable distribution issues.
[1] A trial court lacks authority to distribute marital property pendente lite before parties proceed to trial on equitable distribution issues.
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Join FLexlaw to unlock all legal intelligenceWife sought to relocate with the parties' minor child and contested a nonfinal order that denied relocation, modified timesharing, ordered her to pay …
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On Motion for Clarification and Rehearing
PER CURIAM.
We grant Katsiaryna H. Bailor’s (“wife”) Motion for Clarification in part, deny her Motion for Rehearing En Banc and Motion for Rehearing, withdraw our June 10, 2020 opinion, and substitute the following in its place.
Wife appeals a nonfinal order denying her request to relocate with the parties’ minor child, modifying timesharing, ordering wife to pay temporary child support and additional child-related expenses, and distributing the marital home to Douglass D. Bailor (“husband”). We affirm the portion of the order denying the motion for relocation, modifying timesharing, and ordering wife to pay temporary child support and related expenses without further comment. We reverse, however, the portion of the order distributing the marital home. As conceded by husband, the advance distribution of the marital home was premature considering the parties had yet to proceed to trial on the issue of equitable distribution.
Affirmed in part and reversed and remanded in part. GROSS, DAMOORGIAN and KLINGENSMITH, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.