Law School Case Briefs

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Brandenburg v. Brandenburg

Court of Appeals of Kentucky (1981) | 617 S.W.2d 871

3 min read

TL;DR: A Kentucky court establishes a mathematical formula to divide property that was owned by one spouse before marriage but was paid for or improved using marital funds during the marriage, creating both marital and nonmarital interests.

Legal Significance: This case introduced the "Brandenburg formula," a source-of-funds rule for apportioning the appreciated value of nonmarital property between marital and nonmarital interests when marital funds contribute to the property's equity, a widely influential approach in equitable distribution states.