Fell v. Fell

2015 Ark. App. 590, 473 S.W.3d 578, 2015 Ark. App. LEXIS 680
CourtCourt of Appeals of Arkansas
DecidedOctober 21, 2015
DocketCV-15-176
StatusPublished
Cited by6 cases

This text of 2015 Ark. App. 590 (Fell v. Fell) 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
Fell v. Fell, 2015 Ark. App. 590, 473 S.W.3d 578, 2015 Ark. App. LEXIS 680 (Ark. Ct. App. 2015).

Opinions

LARRY D. VAUGHT, Judge

| jAppellant James Fell appeals the decree of divorce and amended order entered by the Saline County Circuit Court, finding, among other things, that (1) the home where he and appellee Camme Fell had lived was marital property and ordering him to pay her $12,000 for her interest in the equity in the home, and (2) the debt from four credit cards, totaling $19,254, was marital debt to be split equally between the parties. We affirm.

The following facts are not in dispute. In June 2007, James, single at the time, bought a house for $111,000. He made an $11,000 down payment and put his name on the deed and mortgage for the- home. Soon after,- Camme, his girlfriend at the time (who was pregnant with their child), and her two children from a prior relationship, moved in. In September 2007, the parties’ son, F.F., was born. In May 2008, James and Camme married. In December 2012, James refinanced the house. Again, only his name was placed on the deed and mortgage. James made all the mortgage payments for the home from his separate bank account.

lain March 2013, Camme filed for divorce. At the hearing, Camme sought an interest in the equity in the house, along with a determination as to whether the credit-card debt was marital debt. James contended that Camme was not entitled to any interest in the equity of the home because the home was his nonmarital property. He also argued that the credit-card debt, was Camme’s nonmarital debt.

In addition to the undisputed facts, Camme testified that she and.James had searched for the home together and that while they were married they made several improvements to the home. She said that they extended the driveway, added a covered patio, replaced the flooring and carpet, repainted the interior, and added new cabinets -and granite countertops in the kitchen. Camme testified that the value of the home was $125,000. With regard to the credit, cards, she said that she opened the accounts in -James’s name and that he was, aware of them. She added that James occasionally made payments on them and that the .credit cards were used to purchase Christmas presents and groceries. She testified that the debt was approximately $19,000.

James testified that ’it was never his intention for Camme to have an interest in the hou'se. He said that he, alone, found and bought the house and that he did not ask Camme if she liked it. He stated that he made all the mortgage payments and that she made none. He also testified that' he knew that Camme was using credit cards to pay bills during their marriage, although he never asked her what bills she was paying, -and he was unaware of these’ four particular credit cards. He said that he “definitely” did not know that the cards were in his name. He testified that the credit-card debt was $18,000.

|aOn February 12, 2014, the trial court entered a decree granting the divorce. Relevant to this appeal, the trial court found that while the home had been purchased prior to the marriage, “there [was] not any doubt in the mind of the Court that the intention of the parties when this property was purchased was to make it a marital home and as such, they have added to and treated the property' as marital.” In dividing the $35,000 equity in the home,1 the trial court found that James was entitled to his $11,000 down payment plus $12,000 and that Camme was entitled to the remaining $12,000 equity. The trial court also found that James was' aware that the credit cards existed and that he may have paid the bills from the credit cards during the marriage. As such, the court found that the credit-cárd debt, totaling $19,254, was marital debt to be equally divided between the parties. James appealed from the decree; however, his appeal was dismissed for lack of a final order. Fell v. Fell, 2014 Ark. App. 627, 2014 WL 5758467. On remand, the trial court entered an amended order that resolved the parties’ rights to the-subject matter in controversy, and this appeal followed.

With respect to the division of property, we review the trial court’s findings of fact and affirm .them unless they are clearly erroneous or against the preponderance of the evidence; the division of property itself is also reviewed, and the same standard applies. Farrell v. Farrell, 365 Ark. 465, 469,. 231 S.W.3d 619, 622 (2006). A finding is clearly erroneous when the reviewing court, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. Id,., 231 S.W.3d at 622. In order to | ¿demonstrate that the trial court’s ruling was erroneous, the appellant must show that the trial court abused its discretion by making a decision that was arbitrary or groundless. Id., 231 S.W.3d at 622; We give due deference to the trial court’s superior position to determine the credibility of witnesses and the weight to be given their testimony. Id., 231 S.W.3d at'622.

James’s first point on appeal is that the trial court clearly erred in finding that the home he bought before he was- married was marital- property. He claims that he used his separate nonmarital funds to make the down payment; the home was titled and mortgaged in his name; he paid all the mortgage payments from his separate bank account; and Camme never contributed any funds to the mortgage. He also claims that the trial court clearly erred in finding that' his nonmarital home “morphed” into marital property based on the parties’ intent that the house was to be their marital home. According to James, he should have been awarded all the equity in the home.

Arkansas Code Annotated section 9-12-315(a)(1)(A) (Repl. 2009) provides that, at the time a divorce decree is entered, all marital property shall be distributed one-half to each party unless the court finds such a division to be inequitable. “Marital property” means all property acquired by either spouse subsequent to the-marriage, except property acquired prior to marriage; Ark. Code Ann. § 9 — 12—315(b)(1). Based on section 9-12-315(b)(l), it is clear that property acquired prior to marriage is nonmarital property. Farrell, 365 Ark. at 471, 231 S.W.3d at 623.

| ;;It is undisputed that James acquired the home prior to his marriage with Camme. Therefore, the home was non-marital property, and the trial court’s finding that his home was marital property is clearly erroneous. Although the trial court incorrectly declared that the home was marital property, the court did not equally divide the $35,000 equity in the home pursuant to section 9-12-315(a)(Z )(A). Instead, it treated the home as nonmarital property under section 9-12-315(a)(2).

Section 9-12-315(a)(2) provides that all nonmarital property shall be returned to the person who owned it prior to the marriage unless the court shall make some other division that the court deems equitable taking into consideration those factors enumerated in subdivision (a)(1), in which event the court must state in-writing its basis and reasons for not returning the property to the party who owned it at the time of the marriage. Ark. Code Ann. § 9-12-315(a)(2). Under this section — and consistent with the correct conclusion that the home was nonmarital property — the trial court awarded all the equity in the home to James less $12,000, which was awarded to Camme. Specifically, the trial court first found that James was entitled to his $11,000 down payment.

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Cite This Page — Counsel Stack

Bluebook (online)
2015 Ark. App. 590, 473 S.W.3d 578, 2015 Ark. App. LEXIS 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fell-v-fell-arkctapp-2015.