A beneficiary's interest in a discretionary trust may be included in the asset pool for de facto property distribution where the trust was funded by the beneficiary, is controlled by close family members, and there is no real possibility the funds would not be returned. Adverse credibility findings and failure to make full disclosure significantly constrain the scope of appellate challenge to discretionary property distribution orders. The prima facie position that parties should participate in capital appreciation in accordance with initial contributions is subject to adjustment for non-financial contributions over the course of a long relationship.
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