Davis v. Davis

638 So. 2d 1288, 1994 WL 275888
CourtMississippi Supreme Court
DecidedJune 23, 1994
Docket92-CA-0367
StatusPublished
Cited by19 cases

This text of 638 So. 2d 1288 (Davis v. Davis) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Davis, 638 So. 2d 1288, 1994 WL 275888 (Mich. 1994).

Opinion

638 So.2d 1288 (1994)

Sharon Anderson DAVIS
v.
J. William DAVIS.

No. 92-CA-0367.

Supreme Court of Mississippi.

June 23, 1994.

*1289 B. Ruth Johnson, Jackson, for appellant.

Richard C. Roberts, III, Jackson, for appellee.

En Banc.

JAMES L. ROBERTS, Jr., Justice, for the Court:

J. William Davis ("Bill") was granted a divorce from Sharon Davis on grounds of adultery and desertion. Custody of their son Matthew, then seven years old, was awarded to Bill. Of the $400,000 marital estate, jointly accumulated in its entirety during the eleven-year marriage, the chancellor awarded all but $20,500 to Bill. We affirm the grant of divorce and the award of custody. We reverse that part of the divorce decree concerning division of property, and remand for equitable division of the marital estate.

I.

FACTS AND PROCEDURAL HISTORY

Sharon and Bill were married in October of 1980. Bill, a dentist, and Sharon, a dental hygienist had one child, Matthew, born in June of 1984. Marital discord arose after Matthew's birth. Sharon wished to have another child; Bill was not yet ready. In February of 1990, Sharon moved to the guest bedroom, and the couple ceased to have sexual relations. On June 8, 1990, Sharon moved out of the house, taking Matthew with her.

Sharon filed a complaint for divorce in the Rankin Chancery Court on June 11, 1990, on the grounds of habitual cruel and inhuman treatment, and irreconcilable differences. In March of 1991, Sharon amended her claim to allege desertion as alternative grounds. In November of 1991, Bill counterclaimed for divorce on grounds of desertion, adultery, and habitual drug use.[1]

At trial in December of 1991, Sharon testified that during the marriage, she performed the bulk of the housekeeping chores, as well as cooking, cleaning, clothing of Matthew, and assisting him with his schoolwork. Concerning bills, Sharon stated that Bill paid the house note, utilities, telephone, cable and other "basic household expenses" from his checking account, and that she paid Matthew's tuition and school expenses, clothes, household needs, and groceries from her account, into which she would deposit her salary.

Sharon testified that she had worked as a dental hygienist since 1980, and that she had worked for Bill at the Davis Dental Clinic at least two days a week from 1985 to 1989. However, because Bill discussed their marital problems with patients and staff, it became very stressful to work at the clinic, and she quit. Sharon testified that Bill was "furious" about her ceasing to work, insisting that they needed her income. She returned to work three months later for a dentist in South Jackson, "because Bill was not supplementing our income to take care of the necessities of the household."

Sharon testified that she had brought no assets to the marriage in 1980. She stated that she had assisted Bill in setting up his dental practice in August of 1980, in activities such as painting the building. Additionally, she participated in community activities at Bill's urging, because he felt that the more she was involved in such activity, the more exposure his practice would have in Brandon.

Sharon testified that she was currently working four days a week, earning one hundred and fifteen dollars per day. She stated that she currently paid $435 per month rent. Other expenses included $200 per month for clothing for both her and Matthew, $280 per month for therapy, and $150 per month for medicine. Sharon testified that she had a loan at Deposit Guarantee for $6100; an outstanding balance of $8000 in attorneys fees; and a five hundred dollar loan from her parents. Sharon admitted that she had withdrawn $2000 from Matthew's trust account, of which she was custodian, to pay attorneys *1290 fees. She stated that she had been compelled to do this because it was her only source of money.

Sharon admitted to one incident of adultery, occurring after separation, at a time when Matthew was staying with his father.

Bill testified that he had not been opposed, in principle, to having another child. However, he felt that at that time, the marriage was not ready for additional children. In addition, Bill stated that when he came home at night, Sharon would expect him to "clean the house or wash the dishes, cook supper or whatever needed to be done that in my mind was the reason she was at home that day."

Bill testified that during the time Sharon became extremely depressed in 1989-1990, he had assumed many of her housekeeping responsibilities, although he stated that "there are some things that I just simply don't do."[2] In addition, he took care of Matthew when Sharon could not. Bill testified that during the 1989-1990 school year, when Sharon went back to work in an office in South Jackson, he had dressed, fed and delivered Matthew to school, picked him up after school, fed, and bathed him before Sharon got home from work.

Bill testified that he had not insisted Sharon return to work, but had asked her to, partly because they needed her income, and partly because "she just functioned better when she had some responsibilities outside the house."

Bill testified that at the time he and Sharon married, he owed some money on educational loans; owned a car and some possessions, but "didn't have a net worth." Bill agreed that he had incorporated his business, assigning two thirds of the stock to his parents and keeping one third for himself, but denied that he had done so for the purpose of the divorce litigation. Bill stated that part of the purpose of incorporation was to collateralize $64,000 his parents had loaned him between 1979 and 1984. He admitted that he had not repaid any of the principal or interest, nor had his parents ever demanded payment on these loans. Bill also agreed that one week before the divorce was filed, a "Land Deed of Trust" in the amount of $64,000 was executed between Bill and his parents, (citing three earlier promissory notes), conveying to them a lot on Lake Lorman purchased in 1987.

Bill agreed that a financial statement prepared by him dated September 1981 showed a net worth of $21,000, with notes payable to relatives in the amount of $34,000. He agreed that a statement dated April 1984 showed a net worth of $157,000, and no notes payable to relatives, although he had not paid his parents back any of the $64,000. A statement dated February 1985 showed a net worth of $226,500; a statement dated February 1986 showed a net worth of $289,600, with no loans from relatives; a statement dated September 1986 showed a net worth of $307,700, with no loans from relatives; a statement dated August 1987 showed a net worth of $353,400, with no loans from relatives. Finally, a statement dated January of 1991 showed a net worth of negative $2,535, with a notation of $64,000 payable to relatives. Asked to explain the decrease in his net worth, Bill cited the debts to his parents "not included on the previous financial statements," "some depreciation of equipment," "change in the listing of our joint assets," decrease in the value of autos, a "significant decrease in the cash assets on hand."

Bill denied generally the accuracy of a statement filed by Sharon giving his net worth as $399,960; nevertheless, he agreed that he still owned all items listed on the statement, with the exception of a boat which he had sold for $7000 to pay attorneys fees. He did not dispute the value of each item, except to aver that the house was now assessed at $120,000 instead of $145,000.

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Bluebook (online)
638 So. 2d 1288, 1994 WL 275888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-davis-miss-1994.