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Holbrook v. Holbrook

3/4/2005

tracting the entire marital debt from her share of the assets, the court awarded her 60% of the marital property.


Because the values placed on the property by the trial court were supported by the evidence, its findings as to valuation are not clearly erroneous. Therefore, they cannot be disturbed. Cochran v. Cochran, 746 S.W.2d 568, 569-570 (Ky.App. 1988). "KRS 403.190 vests in the trial court wide discretion in the division of marital property." Johnson v. Johnson, 564 S.W.2d 221, 222 (Ky.App. 1986).


We have found no abuse of that discretion. Although Natalie is encumbered with a large amount of debt, including a considerable amount of credit card debt, the record reveals that she is the party who primarily incurred the debt. She is also the party who received the property purchased with the debt. She is the only party leaving the marital relationship with the financial ability to pay the debt. Under these circumstances, there was no abuse of discretion in the court's assignment of all of the debt to her. Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001).


The decree of the Bell Circuit Court is affirmed.


ALL CONCUR.






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