Devore v. Devore

725 So. 2d 193, 1998 WL 879078
CourtMississippi Supreme Court
DecidedDecember 17, 1998
Docket96-CA-01361-SCT
StatusPublished
Cited by13 cases

This text of 725 So. 2d 193 (Devore v. Devore) 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
Devore v. Devore, 725 So. 2d 193, 1998 WL 879078 (Mich. 1998).

Opinion

725 So.2d 193 (1998)

Delores Mullins Haney DEVORE, a/k/a Delores Devore
v.
Bobby O. DEVORE.

No. 96-CA-01361-SCT

Supreme Court of Mississippi.

December 17, 1998.

*194 B. Sean Akins, Ripley, Attorney for Appellant.

Joe Thomas Gay, Attorney for Appellee.

Before PITTMAN, P.J., and JAMES L. ROBERTS, Jr. and SMITH, JJ.

PITTMAN, Presiding Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. This case arises out of a ruling by the Tippah County Chancery Court wherein Bobby Devore was granted a divorce of the grounds of irreconcilable differences, pursuant to Miss.Code Ann. § 93-5-2, from Delores Mullins Haney Devore.

¶ 2. On May 26, 1995, Bobby filed a complaint for divorce and other relief in the Chancery Court of Tippah County, Mississippi. Delores filed her pro se answer on June 22, 1995. The final divorce decree was entered March 28, 1996. The following day, Delores filed a Motion to Set Aside the Final Decree of Divorce. On April 19, 1996, there was an Order filed in response to the Petitioner's Motion to Set Aside Final Decree of Divorce on temporary issues, signed by both counsel and the court which barred either side from selling or transferring any real or personal property pending final resolution of the matter and continued the case until July 16, 1996.

¶ 3. On May 1, 1996, Delores filed a counter-complaint for divorce, but signed a motion to dismiss same on May 9, 1996. An agreed order to set aside final decree of divorce, signed by the court was entered on August 7, 1996.

¶ 4. A consent to divorce on the grounds of irreconcilable differences was filed in the Tippah County Chancery Court on November 7, 1996. In that consent, both parties agreed to withdraw and dismiss all other grounds alleged in the complaint, the counter-complaint and to withdraw any answers as related to the grounds for divorce leaving before the court only the divorce on irreconcilable differences and the issue of the division of real estate, including a house and ten acres of land.

¶ 5. In his ruling the chancellor found that the house and the adjoining ten (10) acres of land was non-marital property reasoning that the property was acquired by Bobby approximately thirty (30) years before his year long *195 marriage to Delores. The chancellor further found that Delores should be divested of any title she had obtained in the property in the last year and title should be vested solely in Bobby.

¶ 6. In making his ruling, the chancellor found that he must consider "the facts that the defendant during the period of the marriage took care of, nurtured, watched after the plaintiff during one of his hip operations, or knee operations, when in fact prior to the marriage she took care of him for an operation during the time___ prior to the marriage." The chancellor further reasoned that "[t]he real property was acquired by the plaintiff some 30 odd years ago at which time he was married to his first wife. The deed was made, transferring the [one half] interest in the property from the plaintiff to the defendant for a period of approximately a month to three months at best when the parties finally separated. The defendant made no contribution toward the purchase of this property."

¶ 7. Feeling aggrieved by the decision of the Tippah County Chancery Court, Delores timely filed her appeal with this Court citing the following issue on appeal:

WHETHER THE CHANCELLOR COMMITTED MANIFEST ERROR IN DIVESTING DELORES MULLINS HANEY DEVORE OF HER INTEREST IN THE PARTIES JOINTLY OWNED MARITAL RESIDENCE, AND HER INTEREST IN APPROXIMATELY TEN ACRES OF JOINTLY OWNED LAND, ALL OF WHICH WAS DEEDED TO HER BY BOBBY O. DEVORE, WHEN THE CHANCELLOR FOUND THAT SAID HOME AND LAND WAS NONMARITAL PROPERTY.

Standard of Review

¶ 8. This Court's scope of review is limited in appeals from the Chancery Court. A chancellor's decision will not be reversed if the finding of fact is supported by substantial credible evidence in the record. Hammett v. Woods, 602 So.2d 825, 827 (Miss.1992) (citing Clark v. Myrick, 523 So.2d 79, 80 (Miss. 1988)). "This Court will not disturb those findings, unless manifestly wrong, clearly erroneous, or an erroneous legal standard was applied." Faries v. Faries, 607 So.2d 1204, 1208 (Miss.1992) (citing Hill v. Southeastern Floor Covering Co., 596 So.2d 874, 877 (Miss. 1992)).

STATEMENT OF FACTS

¶ 9. Delores Mullins Haney Devore and Bobby O. Devore were married on June 3, 1994. The marriage was turbulent at best, and the parties separated five (5) times during the year they were married.

¶ 10. Bobby had owned the home and one and one-half acres on which it was located for thirty (30) years prior to his marriage to Delores. Bobby owned the adjoining eight and one-half acres of land for twenty (20) years prior to marriage. The home and the adjoining land is the subject of this dispute. While the record neither disputes nor corroborates her claim, Delores claims she and her family spent considerable time and effort renovating the home. However, it is undisputed that Bobby either borrowed the money or used his own personal cash to fund any renovations that were done on the house.

¶ 11. Bobby moved out of the marital home at least five (5) times during the marriage. In March of 1995, however, Bobby returned home from work to find that Delores had moved all of her belongings and some of his to a storage building. On April 7, 1995, Bobby deeded Delores one-half of the house and the ten (10) acres of land provided she would "make him a wife." According to the record, Delores left Bobby in June of 1995, approximately two months after the Deed was executed.

¶ 12. Bobby came before the Tippah County Chancery Court seeking to divest Delores of any title she had in the house and the ten (10) acres of land. Bobby argued various factors for the court's consideration in determining who should be awarded the property. Bobby listed additional reasons such as Delores gave no monetary consideration for the property, a fact that she agreed to in the record. Bobby claims Delores paid only $400.00 in household bills during the entire marriage. Bobby also borrowed $9,000.00 to remodel the house on a note which Delores *196 did not sign. Delores, by her own admission, did not help in the repayment of that loan of which $5,000.00 is still owed solely by Bobby. Finally, Bobby adds that Delores offered little help on the renovations of the house. He does admit that her mother and her sister helped some. Finally, the record is not clear whether the remodeling was done before or after the marriage.

¶ 13. Less than one (1) year after Bobby and Delores married, and less than two (2) months after Bobby deeded a one-half interest to Delores, he filed for divorce on the grounds of irreconcilable differences under Miss.Code Ann. § 93-5-2. Delores moved out sometime in June or July, 1995. Delores left the marriage with a car purchased for her by Bobby, a love seat, a sofa, a new bedroom suite with a $900.00 mattress set, a set of wedding rings and various sundry items. Bobby was furthered ordered, by the court, to pay Delores a total of $3,500.00 "for equitable distribution of the property between these parties."

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Cite This Page — Counsel Stack

Bluebook (online)
725 So. 2d 193, 1998 WL 879078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devore-v-devore-miss-1998.