Kathryn Anne Wolford v. David G. Wolford

Plaintiff/appellant sued defendant/respondent, requesting a divorce and division of assets. The magistrate, J. William Hart, granted the divorce and divided the community assets, and awarded one-third of the value of defendants major separate property asset, his stock in CommTek, Inc., to the community, finding that one-third of CommTeks increase in value was due to community efforts. On appeal, the district court generally affirmed the magistrates findings of fact and the divorce; however, it reversed the magistrates award of one-third of the value of the husbands separate stock in CommTek to the community, ruling that under Speer v. Quinlan, 96 Idaho 119, 525 P.2d 314 (1974), the community had already been adequately compensated for its effort. Plaintiff/appellant appeals from the district courts appellate decision. We affirm the district courts order.