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type of "deferred community property law system" governing
marital property in the case of divorce.3
On June 1, 1982, Kathleen filed a complaint in the District
Court of Guilford County, North Carolina, seeking an absolute
divorce4 and equitable distribution of marital property. In her
Complaint, Kathleen alleged that the couple had accumulated
marital property in excess of $2,000,000. Decedent's Answer,
filed June 22, 1982, denied this allegation and asserted that the
Deed of Separation, referred to as a Separation Agreement, was a
bar to Kathleen's claim, having "settled all alimony, support and
property rights".
The Judgment of Divorce granting an absolute divorce was
entered on June 29, 1982. The Judgment recited, among other
things, that
the purported Separation Agreement dated December 1,
1980, is at issue between the parties and that the
validity thereof and its enforceability is retained for
further proceedings. In the event said purported
Separation Agreement is finally adjudged valid and
binding and the Court concludes that [Kathleen] is not
entitled to the benefits of the Equitable Distribution
Act, said Agreement shall be incorporated nunc pro tunc
in this Divorce Decree.
On July 1, 1982, Kathleen married Edwin R. Lyon, Jr.
3 See Estate of Waters v. Commissioner, 48 F.3d 838, 842
(4th Cir. 1995), affg. in part and revg. and remanding in part
T.C. Memo. 1994-194.
4 At the time of the separation from Mr. Lineweaver,
Kathleen did not contemplate remarriage, but about a year later
she began seeing Edwin R. Lyon, Jr. and by mid-1982 wished to
remarry.
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