Dunavant v. Dunavant

986 S.W.2d 880, 66 Ark. App. 1, 1999 Ark. App. LEXIS 145
CourtCourt of Appeals of Arkansas
DecidedMarch 17, 1999
DocketCA 98-819
StatusPublished
Cited by7 cases

This text of 986 S.W.2d 880 (Dunavant v. Dunavant) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dunavant v. Dunavant, 986 S.W.2d 880, 66 Ark. App. 1, 1999 Ark. App. LEXIS 145 (Ark. Ct. App. 1999).

Opinion

Josephine Linker Hart, Judge.

The parties married on July 14, 1990, and separated March 7, 1995. At the divorce hearing held on August 6, 1997, the Chancellor awarded appellee the divorce and ordered a division of property. Appellant contends the Chancellor erred by: (1) dividing equally shares of stock, sureties, and other investments; (2) dividing equally the net proceeds from the sale of the marital home; and (3) dividing equally appellant’s savings plan and retirement benefits that accrued during marriage.

All issues presented in this appeal deal with the division of property. In reviewing such cases, we affirm the findings of the chancery court unless these findings are clearly erroneous. Box v. Box, 312 Ark. 550, 851 S.W.2d 437 (1993). We affirm the decision of the chancery court on issues (2) and (3). We affirm in part, reverse in part, and remand on issue (1).

A. Stocks

Appellant was employed by United States Tobacco, Inc. (“UST”). As a benefit of employment, appellant received options to purchase stock in UST. Five options were granted prior to the marriage. Of those five, three were exercised during the marriage. The appellant received six options during the marriage and exercised only one of these during the marriage. The chancellor, disregarding the options, ruled that all stock, securities, and other investments owned and retained by the parties from July 14, 1990, until August 6, 1997, be divided equally between the parties.

Five options are at issue in this case. Four of those options were granted prior to July 14, 1990, the date the parties were married, and one option was granted after their marriage.

The options were issued and exercised as follows:

Option Grant Exercise Date Number Loan Purchase Price

1. 06/06/86 10/09/90 1200 8,962.50 $10,162.50

2. 07/22/87 06/25/90 1200 0.00 17,100.00

3. 04/13/88 08/27/90 1600 0.00 24,600.00

4. 09/28/89 12/02/92 1000 0.00 13,781.25

5. 08/27/90 12/02/92 1200 0.00 17,812.50

The fifth option was granted on August 27, 1990, approximately one month after the parties were married, and is therefore a marital asset. Richardson v. Richardson, 280 Ark. 498, 659 S.W.2d 510 (1983); Cate v. Cate, 35 Ark. App. 79, 812 S.W.2d 697 (1991). In Richardson, the court ruled that stock options constitute martial property if acquired during the marriage. The court further stated that the value of the option is the difference between the cost of exercising the option and the market value of the stock.

The fifth option was exercised on December 2, 1992, for a purchase price of $17,812.50. The option price was $14.84 per share and the market value on the exercise date was $33.56. Appellant sold sufficient shares at the market price to pay the commission cost and the option price for the shares. Appellant testified that he retained 300 shares of UST from that transaction. The 300 shares were later sold and the proceeds were used to purchase stock in a company known as “MSU.” The MSU stock acquired in this transaction is marital property, and the Chancellor properly awarded appellee one-half of those shares.

Appellant’s first option was granted on June 6, 1986, and was exercised on October 9, 1990. The option price was $8.47 per share and the market value on the exercise date was $30.56. Because the market price per share had increased by $21.09, the 1200 shares of UST had a value of $36,672.00 on the date of purchase. Appellant paid $1,200.00 cash toward the purchase price of $10,162.50 and financed the remaining balance of $8,962.50. Appellant’s use of marital funds in the purchase of this stock entitles appellee to an interest in the stock to the extent that marital funds were expended to purchase shares of stock. Id. Appellee’s interest does not extend to the benefits appellant acquired before marriage through his ownership of options. Appellant is entitled to receive as premarital property the difference between the purchase price granted in the option and the market price the parties would have paid for stock without the option. Had the parties spent $10,162.50 for stock at the market price of $30.56 per share, they would only have been able to purchase 332.5 shares of stock. Appellee is entitled to receive one-half of the shares that marital funds purchased, or 166.25 shares. The appellant is entitled to the benefit of the option or 867.5 shares as his premarital property and one-half or 166.25 of the shares purchased with the marital funds for a total of 1033.75 shares of stock.

The second option was granted on July 22, 1987, and was exercised on June 25, 1990, approximately one month before the marriage. The money exercised from that stock option was used to purchase U.S. Treasury stripped coupons on October 10, 1990. On December 21, 1992, the appellant sold the stripped coupons to purchase 150 shares of Wal-Mart stock, which he sold on November 13, 1996. With these proceeds, appellant purchased 339 shares of stock in MSU and 188 shares of stock in Sybase, Incorporated. This money is traceable and is nonmarital property. Ark. Code Ann. § 9-12-315(b) (Repl. 1998).

The third option was granted on April 13, 1988, and exercised on August 27, 1990. The option granted appellant the right to purchase 1600 shares of UST. This option was premarital property even though it was exercised after the date of the marriage. The option price was $15.38 per share for a total purchase price of $24,600. The market value of each share on the date the option was exercised was $29.69. Had the parties purchased 1600 shares at the market price, they would have paid $47,500.80; however, the option price allowed appellant to purchase the shares for $24,600. He paid for the shares by selling a portion of them at the market price and retained the remainder of the shares. Appellant then sold those shares, which were his premarital property, and used the proceeds, approximately $20,000, to remodel the marital home. Appellant received the money from the sale of the stock in August 1990, one month after the marriage. The deed to the marital home is in the name of both appellant and appellee. When property is placed in the names of a husband and wife, a presumption arises that they own the property as tenants by the entirety. This presumption can be overcome only by clear and convincing evidence that a spouse did not intend a gift of one-half interest to the other spouse. Boggs v. Boggs, 26 Ark. App. 188, 761 S.W.2d 956 (1988). When appellant invested his separate funds in the marital home, and that home was deeded in the names of both parties, a presumption arose that appellant intended a gift to appellee of an equal interest in the premarital funds he placed in the home. Ramsey v. Ramsey, 259 Ark. 16, 531 S.W.2d 28 (1975).

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Bluebook (online)
986 S.W.2d 880, 66 Ark. App. 1, 1999 Ark. App. LEXIS 145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunavant-v-dunavant-arkctapp-1999.