RECENT CASE LAW In applying this statute, the Montana Supreme Court had previously stated that a court cannot distribute to the non-acquiring spouse property acquired prior to the marriage or acquired by gift, bequest, devise, or descent when there is no evidence that the spouse made any contribution to those assets in any form. The Montana Supreme Court recently overruled this line of decisions as an incorrect application of the statute, and clarified the proper application of the statute in In re Funk, 2012 MT 14.
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