Humphries v. Humphries

904 So. 2d 192, 2005 WL 1500307
CourtCourt of Appeals of Mississippi
DecidedJune 14, 2005
Docket2003-CA-02343-COA
StatusPublished
Cited by15 cases

This text of 904 So. 2d 192 (Humphries v. Humphries) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Humphries v. Humphries, 904 So. 2d 192, 2005 WL 1500307 (Mich. Ct. App. 2005).

Opinion

904 So.2d 192 (2005)

Kenneth Donald HUMPHRIES, Appellant
v.
Robyn Rogers HUMPHRIES, Appellee.

No. 2003-CA-02343-COA.

Court of Appeals of Mississippi.

June 14, 2005.

*194 Daniel Tucker, Booneville, attorney for appellant.

John A. Ferrell, Booneville, attorney for appellee.

Before BRIDGES, P.J., IRVING and MYERS, JJ.

BRIDGES, P.J., for the Court.

¶ 1. Kenneth and Robyn Humphries ended their marriage by consenting to a divorce due to irreconcilable differences. Unable to resolve certain financial aspects of their divorce, Kenneth and Robyn submitted the unresolved issues to the Alcorn County Chancery Court for determination. Kenneth, dissatisfied with certain aspects of the chancellor's ruling, appealed to this Court. Kenneth alleges the following issues, listed verbatim:

I. THE TRIAL COURT COMMITTED MANIFEST ERROR AND THUS ABUSED ITS DISCRETION IN AWARDING THE APPELLEE A LIEN IN NON-MARITAL PROPERTY.

II. THE TRIAL COURT COMMITTED MANIFEST ERROR AND THUS ABUSED ITS DISCRETION IN ORDERING THE APPELLANT TO PAY THE BUSINESS DEBT.

III. THE TRIAL COURT COMMITTED MANIFEST ERROR AND THUS ABUSED ITS DISCRETION IN ORDERING THE PONTOON BOAT TO BE SOLD AND THE EQUITY SPLIT.

Finding no error, we affirm.

FACTS

¶ 2. Kenneth earned his living as an entrepreneur, particularly in the garment industry. Prior to the marriage, Kenneth established a business called Corinth Trade & Distribution. After Kenneth and Robyn married, Corinth Trade "merged" into another entity called H & H Wholesale, Inc. Kenneth put all of H & H's stock in Robyn's name. Kenneth and Robyn also purchased and managed a collections agency; LeBlanc, Nichols and Page, Inc. Further, the couple owned and managed businesses called Budget Phone, Chadco, and Guntown Cash Advance.

¶ 3. As mentioned, Kenneth and Robyn consented to a divorce due to irreconcilable differences, but they could not resolve the distribution of their property. They sought the chancellor's resolution of the following issues: (1) distribution of the marital home, (2) ownership of the businesses, (3) ownership of the business assets, *195 (4) responsibility of the business debts, and (5) reimbursement of money invested into the businesses.

¶ 4. Chad Humphries owned the title to the marital home. Chad is Kenneth's son from a previous marriage. Accordingly, the chancellor held that the home was not a marital asset. However, Robyn requested reimbursement of money that she spent on improving the home. The chancellor determined that Robyn would receive $6,000 as reimbursement. The chancellor gave Robyn a lien against the home as security for payment of the $6,000.

¶ 5. Regarding the businesses, the chancellor determined that H & H Wholesale, Inc., LeBlanc, Nichols and Page, Inc., Budget Phone, Guntown Cash Advance and Chadco were all marital assets. The chancellor gave Robyn the exclusive use, possession and ownership of Guntown Cash Advance. Robyn received a one-half ownership in the other four businesses, as well as a one-half ownership in the assets of those businesses.

¶ 6. However, LeBlanc, Nichols and Page was encumbered by two outstanding notes. One to Edward McKinney and the other to The People's Bank & Trust Company. The chancellor determined that those notes were Kenneth's personal debts. As a result, the chancellor determined that Kenneth was solely liable for payment of those notes. The chancellor relieved Robyn from any responsibility of those debts.

STANDARD OF REVIEW

¶ 7. "Chancellors are vested with broad discretion and this Court will not disturb the chancellor's findings unless the court was manifestly wrong, the Court abused its discretion, or the Court applied an erroneous legal standard." Foster v. Foster, 788 So.2d 779 (¶ 4) (Miss.Ct.App.2000). This Court must respect the chancellor's findings of fact if those findings are supported by credible evidence and are not manifestly wrong. Steiner v. Steiner, 788 So.2d 771 (¶ 7) (Miss.2001).

I. DID THE TRIAL COURT COMMIT MANIFEST ERROR AND ABUSE ITS DISCRETION IN AWARDING THE APPELLEE A LIEN IN NON-MARITAL PROPERTY?

¶ 8. This issue concerns the chancellor's decision to award an equitable lien on the marital home. As mentioned, the chancellor determined that Kenneth's son owned the title to the marital home. Further, that Robyn made improvements to the marital home and was entitled to reimbursement for the money she spent on those improvements. Consequently, the chancellor gave Robyn a lien to secure the reimbursement of that money.

¶ 9. Kenneth claims that the chancellor committed manifest error and abused his discretion when he awarded a $6,000 lien against the home. Kenneth argues that the home was a third-party asset and was not subject to equitable distribution. Kenneth reasons that the chancellor should not have given Robyn a lien on property owned by a third party.

¶ 10. Chancery courts have broad equity powers in domestic relation cases and in dividing marital assets and making provisions for equitable division of marital property. Ferguson v. Ferguson, 639 So.2d 921, 926-27 (Miss.1994). Chancellors have authority to impose equitable liens to secure payment of an award. Pittman v. Pittman, 652 So.2d 1105, 1110 (Miss.1995). This Court is unaware of any precedent allowing chancellors to impose equitable liens on third party property. We are mindful that Kenneth complains of the chancellor's encumberance of third party property. Kenneth has no ownership *196 interest in the marital home, as he titled the home to his son, Chad. One prudential limit on standing is that a litigant must normally assert his own legal interests rather than those of third parties. Phillips Petroleum Co. v. Shutts, 472 U.S. 797, 804, 105 S.Ct. 2965, 86 L.Ed.2d 628 (1985). Having no interest in the encumbered property, Kenneth has no standing to assert error in the chancellor's decision.

¶ 11. Regardless, this issue is moot because Kenneth paid the $6,000 lien. Having paid the amount, the lien is extinguished. Accordingly, this issue is resolved, as the lien is released because Kenneth paid the amount connected to the lien.

II. THE TRIAL COURT COMMITTED MANIFEST ERROR AND THUS ABUSED ITS DISCRETION IN ORDERING THE APPELLANT TO PAY THE BUSINESS DEBT.

¶ 12. This issue follows the chancellor's distribution of Kenneth and Robyn's businesses and liability of business debt. After the chancellor applied the Ferguson factors, he determined that H & H Wholesale, Inc., LeBlanc Nichols and Page, Inc., and Guntown Cash Advance were marital assets. The chancellor awarded Robyn the entire ownership of Guntown Cash Advance. Additionally, the chancellor gave Robyn and Kenneth each a one-half interest in H & H Wholesale, Inc. and Leblanc Nichols and Page, Inc. The chancellor then declared that Kenneth would be responsible for the debts of LeBlanc Nichols and Page, Inc. Those debts are the two deeds of trust on real property, one with The Peoples Bank and Trust Company, the other with Edward McKinney.

¶ 13. Kenneth claims the chancellor erred by considering the two businesses to be marital property for dividing the assets and then consider the businesses to be non-marital assets for dividing the liabilities. Robyn responds that the chancellor did not commit error by applying equity to compensate her for money she invested against the debt that Kenneth accumulated against the businesses prior to the marriage.

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Bluebook (online)
904 So. 2d 192, 2005 WL 1500307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphries-v-humphries-missctapp-2005.