Holston v. Holston

128 So. 3d 736, 2013 WL 2130941, 2013 Ala. Civ. App. LEXIS 121
CourtCourt of Civil Appeals of Alabama
DecidedMay 17, 2013
Docket2111123
StatusPublished

This text of 128 So. 3d 736 (Holston v. Holston) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holston v. Holston, 128 So. 3d 736, 2013 WL 2130941, 2013 Ala. Civ. App. LEXIS 121 (Ala. Ct. App. 2013).

Opinion

PITTMAN, Judge.

Scott Holston (“the husband”) and Le-cresha Holston (“the wife”) were married in December 2001. The marriage was the second one for both parties; the wife was 28 years old and the husband was 37 years old when they married. One week before the marriage, the parties executed an antenuptial agreement that, by its terms, is to be governed by the laws of Mississippi. The parties attached to the agreement handwritten statements outlining their ma[739]*739jor assets and liabilities. Those statements indicate that the wife’s net worth was $2,000 and the husband’s net worth was $1.7 million.

The husband is a pharmacist. When the parties married, the husband had an ownership interest in two closely held corporations: S <& S Pharmacy, Inc., doing business as The Medicine Shoppe, and Holmac, Inc., doing business as Rx Express Pharmacy. He also owned a sole proprietorship, The Uniform Shoppe, and several parcels of real property in Alabama and Mississippi, including two commercial lots in Pascagoula, Mississippi.

After the marriage, the parties (and the wife’s three daughters from her previous marriage) lived in the husband’s residence in Grand Bay. Two sons were born of the parties’ marriage. After the birth of the parties’ second son in 2004, the husband sold the Grand Bay residence and the parties purchased a house in the Muir Woods subdivision of Mobile. The wife was employed outside the home only sporadically during the parties’ seven-year marriage, and, when she was employed, she worked at The Uniform Shoppe. The husband was paid twice a month; he deposited his paycheck of approximately $2,300 from The Medicine Shoppe into the parties’ joint checking account. The wife used the funds in that account to pay the family’s routine monthly expenses. The husband also had an individual checking account, into which he deposited his earnings and bonuses from other business entities. The husband used the funds in his individual account to purchase real and personal property, to invest in new businesses and stocks, and to pay family expenses.

During the marriage, the husband used $60,000 from his individual account to purchase a lot adjacent to his two existing commercial lots in Pascagoula. In September 2007, he sold the three-lot parcel for $700,000. In order to avoid paying capital-gains tax on the sale of the lots and to receive favorable tax treatment pursuant to 26 U.S.C. § 1031, the husband formed a separate business entity, Holston Timbers, LLC, that purchased four parcels of property in Mississippi.1 Holston Timbers subsequently purchased two additional parcels of land in Mississippi. The total purchase price for the six parcels was $846,458.72.

The husband also acquired an interest in two additional pharmacies during the marriage — Rx Express of Navarre, Inc., and Rx Express of Bayou La Batre, Inc. — and purchased stock in two Pascagoula banks. He bought 783 shares of Merchants & Marine Bank stock for $31,320, using funds from his individual checking account. The stock certificates were issued in the husband’s name, payable to the wife upon his death. The husband bought 25,000 shares of Charter Bank stock for $250,000, with funds borrowed from his Medicine Shoppe account. The husband explained how he purchased the Charter Bank stock as follows: “When I wrote the check out of Medicine Shop [sic] to purchase the stock, that’s the way I do loans to my [individual] account. And then, as I draw bonuses [from The Medicine Shoppe], I have to pay taxes on the bonus money I get. And whatever the net is, I apply it back to the loan, back to [The Medicine Shoppe].” The Charter Bank stock certificates were issued to the parties as joint tenants with right of survivorship. The husband also [740]*740created an E-Trade account in the parties’ joint names.

The parties filed joint federal and state income-tax returns during the marriage. For the four years preceding the trial of this case, those returns showed adjusted gross incomes of $593,211 for 2006; $813,272 for 2007; $1,093,250 for 2008; and $940,149 for 2009.

In January 2009, the wife filed a complaint for a divorce, seeking custody of the parties’ sons, child support, periodic alimony, alimony in gross, an equitable division of the property acquired during the marriage, and an attorney fee. The husband answered the complaint, asserting that the wife was precluded by the antenuptial agreement from receiving periodic alimony, alimony in gross, Or a division of the property that he had acquired during the marriage. The husband also counterclaimed, seeking a divorce and custody of the parties’ sons.

At trial in July 2010, the parties stipulated that the antenuptial agreement was valid, and the trial court stated that it would enforce the agreement. The agreement provides, in pertinent part:

“4.
“The parties agree that except as may be otherwise expressly set forth in this agreement, all property, real and personal, owned by either of them at the time of their contemplated marriage, from whatever source, shall remain the respective property of the person in whose name it stands, and neither shall acquire any interest in or right to any of the property of the other.
“A.
“If the parties shall be married, the right with respect to the property owned by either of them at the time of the contemplated marriage or acquired during their marriage shall be subject to the terms of this agreement....
“B.
“[A]ll properties of any name or nature, real, personal, or mixed, wherever they may be found, belonging to [the husband] before marriage, or those which may be acquired or accumulated after such marriage, by purchase, trade, gift, or otherwise, shall be and remain forever his personal estate, and this shall include all interests, rents, dividends, profits, and other appreciated value which may in time accrue, or result in any manner from increase in value, or be collected for the use of the properties in any way.
“C.
[Section C is identical in all respects to section B, but it is applicable to properties belonging to the wife.]
“D.
“It is further agreed that [the husband] and [the wife] do mutually waive and release to each other, and to their heirs at law, devisees, legatees, successors and assigns, all claims of dower, courtesy, widow’s allowances, forced shares, all rights of support and all claims as heirs at law of each other in and to their respective properties mentioned above. Each party shall hold all real property and personal property which he or she now owns or may hereafter acquire free from any claim of dower, inchoate or otherwise, and this contract shall evidence the right of [the husband] to convey any of his real estate free from any such claims of dower. At the request of [the husband], [the wife] shall execute, acknowledge, and deliver such other instruments as may be reasonably required to accomplish the transfer by [the husband] of any of his real property free from any such claim of dower or to divest any claim of dower [741]*741in such property.

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Cite This Page — Counsel Stack

Bluebook (online)
128 So. 3d 736, 2013 WL 2130941, 2013 Ala. Civ. App. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holston-v-holston-alacivapp-2013.