Howcroft v. Howcroft

949 N.E.2d 46, 192 Ohio App. 3d 307
CourtOhio Court of Appeals
DecidedDecember 17, 2010
DocketNo. 2010 CA 25
StatusPublished
Cited by1 cases

This text of 949 N.E.2d 46 (Howcroft v. Howcroft) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howcroft v. Howcroft, 949 N.E.2d 46, 192 Ohio App. 3d 307 (Ohio Ct. App. 2010).

Opinion

Delaney, Judge.

{¶ 1} Plaintiff-appellant, Fred A. Howcroft, appeals the April 9, 2010 and April 22, 2010 judgment entries of the Fairfield County Court of Common Pleas, Domestic Relations Division.

STATEMENT OF THE FACTS AND CASE

2} Plaintiff-appellant, Fred A. Howcroft, and defendant-appellee, Wanda J. Howcroft, married on February 13, 1993. No children were born as issue of the marriage. The marriage was a second marriage for appellant and a third marriage for appellee. Appellant was born on February 10, 1941. At the time of the divorce, appellant was 68 years old. Appellee was born on October 18, 1952. At the time of the divorce, appellee was 57 years old.

{¶ 3} Appellant’s first divorce was final on December 23, 1989. As part of the divorce, appellant’s first wife paid appellant for his portion of the marital residence, in the amount of $29,000. On June 29,1991, appellant used the $29,000 as a down payment to purchase a house in Stoutsville, Ohio, for $82,000. Appellant pm-chased the home in his name only.

{¶ 4} In 1991, appellant and appellee moved in together at the Stoutsville home. As stated above, appellant and appellee were married in 1993. The Stoutsville home was the marital residence.

{¶ 5} At the time of the marriage, appellant was employed as a schoolteacher. He had been a teacher for 41 years before retiring from the profession in 2004. Appellant draws pension benefits in the amount of $4,436.43 gross per month. After deductions, including health insurance for the parties, his net benefit was $3,187.36. Prior to marriage and relevant to this appeal, appellant owned a tax-sheltered annuity opened under Section 403(B), Title 26, U.S.Code, and a Prudential account worth $29,324.67 on June 30,1993. Appellant rolled the funds into a Raymond James individual retirement account (“IRA”) valued at $69,127.46 in 2009. Appellant contributed $100 per month to the Raymond James IRA until 2004.

{¶ 6} The parties lived a frugal lifestyle. They had minimal living and entertainment expenses.

{¶ 7} Appellee had a high school education, and she was previously employed as an administrator in a medical office. On August 25, 1996, appellee suffered a stroke. Appellee recovered from the stroke but suffered residual effects such as speech aphasia, difficulty writing, and problems concentrating and multitasking. After the stroke, appellant took off a semester from his teaching position to assist [311]*311appellee with her recovery. Appellant told appellee that she did not have to return to work after her stroke. Appellee has not earned an income since 1997.

{¶ 8} After appellee’s stroke, appellant stated that he moved to another bedroom to sleep.

{¶ 9} In 1997, appellant transferred an interest in the Stoutsville home to appellee. A survivorship deed granting appellant and appellee one-half interest in the Stoutsville home was recorded on May 8, 1997. Appellant stated that he transferred a one-half interest in the home to appellee for estate-planning purposes only in that he wanted the house to go to appellee if he died. He was not considering divorce at the time of the transfer. Appellant refinanced the home in 1998. At the time of the refinance, the home was appraised at $118,000. In 2008, the home was appraised at $135,000. In 2009, the mortgage payoff amount was $17,038.18.

{¶ 10} In 2003, appellant was diagnosed with prostate cancer. He received radiation treatment to combat the cancer. At that time, appellant stated that he moved to the basement of their home. Appellee testified that while appellant slept in different rooms, she often slept with him in whichever room he was sleeping. Appellant states that by 2003, the parties had ceased communicating directly and communicated only through notes. Appellant states that appellee was not completing her “wifely duties,” such as cleaning the home and cooking meals. The parties still engaged in sexual relations.

{¶ 11} Appellant filed a complaint for divorce on August 30, 2007. Appellant did not vacate the marital residence until December 2008. In February 2008, appellant delivered two wedding-anniversary cards to appellee, and the parties engaged in sexual relations.

{¶ 12} There was no temporary spousal support ordered during the pendency of the divorce because the parties were still residing in the same home. In order to meet her living expenses, appellee used an AT & T Universal credit card that the court ordered be paid by appellant.

{¶ 13} The matter came on for hearing before the magistrate on April 16, 2009. The magistrate issued her decision on September 4, 2009. The magistrate made the following findings:

{¶ 14} “The Magistrate finds that the duration of the marriage is February 14, 1993 until April 16, 2009. O.R.C. 3105.171(A)(2)(a).
{¶ 15} “ * * *
{¶ 16} “The Magistrate finds that the Plaintiff has traced $30,000 separate property contribution in the real estate [marital residence]. The Magistrate finds that the remaining value of the real estate is a marital asset subject to division.
[312]*312{¶ 17} “ * * *
{¶ 18} “From the evidence presented, the Magistrate finds that the Raymond James IRA account is both separate and marital. The Plaintiffs separate property portion of the Raymond James IRA is valued at $29,324.67. The remaining balance of the Raymond James IRA is marital property subject to division.
{¶ 19} “ * * *
{¶ 20} “The Magistrate finds that the debts to the AT & T Universal card, the Kohls card and the Sears card are marital in nature.
{¶21}“* * *
{¶ 22} “The Magistrate finds, based on the evidence presented, that the Defendant is unable to return to her prior employment. However, the evidence was insufficient to determine that the Defendant is completely disabled and unable to work. For purposes of determining spousal support, the Magistrate finds that the Defendant is capable of earning at the most a minimum wage income based on the evidence presented.
{¶ 23} “ * * *
{¶24} “Based on the foregoing findings, the Magistrate finds that it is reasonable and appropriate to order the Plaintiff to pay spousal support to the Defendant in the amount of $1250.00 per month, plus processing charge. * * * The spousal support ordered shall continue for an indefinite duration, but shall terminate upon the death of either party, the marriage of the Defendant, or the cohabitation of the Defendant with an unrelated male.”

{¶ 25} Appellant filed objections to the magistrate’s decision. On April 9, 2010, the trial court overruled appellant’s objections and adopted the magistrate’s decision. The final decree of divorce was filed on April 22, 2010.

{¶ 26} It is from these decisions that appellant now appeals.

ASSIGNMENTS OF ERROR

{¶ 27} Appellant raises seven assignments of error:

{¶ 28} “I. What is required of a magistrate in rendering a decision?
{¶29} “II.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mass v. Mass
2017 Ohio 9049 (Ohio Court of Appeals, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
949 N.E.2d 46, 192 Ohio App. 3d 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howcroft-v-howcroft-ohioctapp-2010.