Chenault v. Chenault

799 S.W.2d 575, 1990 WL 155691
CourtKentucky Supreme Court
DecidedNovember 8, 1990
Docket89-SC-185-DG
StatusPublished
Cited by18 cases

This text of 799 S.W.2d 575 (Chenault v. Chenault) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chenault v. Chenault, 799 S.W.2d 575, 1990 WL 155691 (Ky. 1990).

Opinions

LAMBERT, Justice.

This Court granted discretionary review of the decision of the Court of Appeals which imposed stringent requirements upon appellant, Ruby E. Chenault, who sought to “trace” the proceeds of nonmari-tal property at the time the marriage was dissolved. In effect, the Court of Appeals held that at the time of dissolution, a party [577]*577undertaking to prove the nonmarital character of property must do so by documentary evidence and with near mathematical precision. We believe such a requirement is beyond the mandate of KRS 403.190 and contrary to sound public policy. Hence, we reverse.

Ruby and William married in 1971. At the time of their marriage both were in their early 50’s and William was the father of a seven-year-old daughter who lived with him. During the 15-year duration of their marriage, Ruby discharged the normal duties of homemaker and mother and after William’s daughter went to college, worked in a low-wage position at the Speed Art Museum in Louisville. During the marriage, William worked as a construction worker and after his retirement from that position, worked as a security guard at the Speed Museum.

On this appeal, the principal and decisive issue is whether the Court of Appeals, affirming the trial court, erred in holding that Ruby failed to present sufficient evidence that certain liquid assets should have been assigned to her as nonmarital property. Ruby contends that she brought to the marriage at least $21,000 in cash, a home valued at $14,000, and 27 shares of stock in Standard Oil of California. At trial, she presented convincing evidence that she owned her home prior to the marriage and that the home was sold and the proceeds realized during the marriage. Likewise, she presented convincing evidence that at a minimum she had $10,000 in cash one year prior to the marriage and that a Treasury Note for $10,000 came due and was reinvested during the marriage. Finally, Ruby testified that she inherited 27 shares of stock in Standard Oil of California and that by virtue of stock dividends and stock splits, this number of shares grew significantly before and during the marriage. Despite the sale of some of this stock during the marriage, a fact which William admits, Ruby continued to own 50 such shares at the time of trial. Regardless of the foregoing evidence, the Court of Appeals affirmed the trial court’s determination that Ruby had failed to establish the nonmarital character of these assets. The Court of Appeals said:

“The testimony below established that at the time of her husband’s death, the appellant was bequeathed a house worth approximately $14,000 and other cash and securities worth over $21,000. Additionally, she inherited 27 shares of stock in Standard Oil Company. Nevertheless, there was a total inability on the part of her counsel to trace the course of either the cash or the stock subsequent to 1966. Although the appellant testified that she purchased CD’s with the money and continued to roll them over during the duration of the marriage, she was unable to document such testimony, either as to dates of purchase or specific amounts involved....
“Similarly, although the appellant testified that she inherited 27 shares of standard oil company at the time of her husband’s death, there were no stock certificates or other records introduced by her counsel to substantiate the claim that she continued to hold them from 1966 to 1971 and from 1971 until 1986. On the contrary, the only exhibits introduced on this issue were those introduced by the appellee, showing stock certificates issued to the appellant in the Standard Oil Company of California beginning in September of 1979 and continuing to August 19, 1980. Such evidence, together with the appellant’s own testimony that she had during the marriage sold a portion of her stock at different times, supports the trial court’s finding that such property must be considered marital. And although the house she inherited from her first husband was not sold until 1974— some three years after the parties were married — the trial court correctly determined that there was no tracing of either the down payment or the subsequent mortgage payments paid to her by her daughter and son-in-law.”

In its findings of fact, the accuracy of which is not disputed by either party, the trial court found that in addition to the 50 shares of Standard Oil of California stock, Ruby was then in possession of cash and securities valued at $91,329. Nevertheless, [578]*578by virtue of her inability to trace any of these assets to the satisfaction of the trial court, it was determined that all of such assets were marital property.

In KRS 403.190(2)(b), marital property is defined, in part, as “all property acquired by either spouse subsequent to the marriage except: ... (b) Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise or descent.” Subsection (3) of KRS 403.-190. creates a presumption that all property acquired during the marriage is marital property, but permits this presumption to be overcome by proof that the property was acquired as in subsection (2) of the statute. Numerous decisions of this Court and the Court of Appeals have construed this statutory provision and from these decisions there has emerged the concept of “tracing” although this term is nowhere found in the statute. Among the more significant decisions on this point are Turley v. Turley, Ky.App., 562 S.W.2d 665 (1978), Brunson v. Brunson, Ky.App., 569 S.W.2d 173 (1978), Allen v. Allen, Ky.App., 584 S.W.2d 599 (1979), Daniels v. Daniels, Ky.App., 726 S.W.2d 705 (1987), and Sharp v. Sharp, Ky., 516 S.W.2d 875 (1975).

Even a cursory review of the foregoing decisions reveals a requirement of considerable precision in the process of tracing if the property claimed to be non-marital is to be so found. For instance, in Turley, the Court said:

“Mr. Turley failed to show that any property owned by the parties at the time of the separation was acquired by use of his inheritance or from the proceeds from the sale of the automobile and furniture owned by him prior to the marriage. Because he did not trace the inheritance or the proceeds, if any, from the disposition of the automobile and furniture, it was error for the trial court to award him the value of such items.” Id. at 668.

Likewise in Brunson, the Court said:

“The trial court recognized that Mrs. Brunson brought property into the marriage. However, because she failed to trace any of that money or property into any specific assets which were owned by the parties at the time of the separation, the trial court concluded that it had no power to assign any property to Mrs. Brunson as nonmarital property. The record supports the trial court’s conclusion that Mrs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Carey Leigh Mewes v. Chris Kenneth Mewes
Court of Appeals of Kentucky, 2026
Earl R. Jean v. Karen Suzann Jean
Court of Appeals of Kentucky, 2024
David Gibbs v. Lora Gibbs
Court of Appeals of Kentucky, 2024
Lucinda May Rogers v. Thomas Earl Rogers
Court of Appeals of Kentucky, 2023
Bernard Wayne Harpe v. Georgiann Marie Harpe
Court of Appeals of Kentucky, 2023
Timothy O'Keefe v. Angela Marie O'Keefe
Court of Appeals of Kentucky, 2022
Christopher J. Wolf v. Mellisa N. Hamilton
Court of Appeals of Kentucky, 2021
Pasley v. Pasley
442 P.3d 738 (Alaska Supreme Court, 2019)
Cobane v. Cobane
544 S.W.3d 672 (Court of Appeals of Kentucky, 2018)
Maclean v. Middleton
419 S.W.3d 755 (Court of Appeals of Kentucky, 2014)
Mattingly v. Fidanza
411 S.W.3d 250 (Court of Appeals of Kentucky, 2013)
Rearden v. Rearden
296 S.W.3d 438 (Court of Appeals of Kentucky, 2009)
Kleet v. Kleet
264 S.W.3d 610 (Court of Appeals of Kentucky, 2007)
Sexton v. Sexton
125 S.W.3d 258 (Kentucky Supreme Court, 2004)
Terwilliger v. Terwilliger
64 S.W.3d 816 (Kentucky Supreme Court, 2002)
Lawson v. Loid
896 S.W.2d 1 (Kentucky Supreme Court, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
799 S.W.2d 575, 1990 WL 155691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chenault-v-chenault-ky-1990.