In Re Marriage of Phillips

594 N.E.2d 353, 229 Ill. App. 3d 809, 171 Ill. Dec. 501, 1992 Ill. App. LEXIS 815
CourtAppellate Court of Illinois
DecidedMay 22, 1992
Docket2-91-0695
StatusPublished
Cited by26 cases

This text of 594 N.E.2d 353 (In Re Marriage of Phillips) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Phillips, 594 N.E.2d 353, 229 Ill. App. 3d 809, 171 Ill. Dec. 501, 1992 Ill. App. LEXIS 815 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE INGLIS

delivered the opinion of the court:

Respondent, Permelia Ann Phillips (Ann), appeals after the trial court entered a judgment dissolving her marriage with petitioner, Charles R. Phillips. The judgment designated the distribution of marital and nonmarital property between the parties. Ann appeals, contending that a new trial should be granted to determine the proper value of certain assets, that the distribution of marital assets was grossly unfair, and that she should be reimbursed for the value of certain nonmarital property that was deemed marital property. We reverse in part and remand.

The parties were married on April 18, 1981, and resided in Aurora, Illinois. Before the marriage, Charles was a barber in business with his half-brother. Ann was in management with AT&T. The couple lived in Charles’ apartment for a short time after their marriage. They later moved to 1131 E. New York Street in Aurora, a building that was purchased by the couple for a “Unisex Hair Styling” shop before their marriage. They lived in an efficiency apartment in the building for three months.

The property at 1131 E. New York was purchased for $25,000. Charles paid the $2,500 earnest money out of his funds. Ann contributed $4,000 toward the purchase of the building. A mortgage for $18,500 was obtained with the Aurora National Bank (Aurora National). The couple worked together to remodel and convert the building into a hair styling shop. The shop is named “Phillips Hair Studio” and is primarily operated by a business manager. The value of the property was stipulated to be $68,500.

After living at 1131 E. New York for three months, the couple moved to 830 Galena in Aurora. The building was owned by Ann prior to the marriage. Charles testified that he made improvements to the building before they moved into it. The couple lived at 830 Galena for a year and a half. After moving from the property, Ann sold it for $39,000, receiving net proceeds of $32,870.18. She deposited this money into account No. 251605 at Aurora Federal Savings (Aurora Federal), a joint account in the names of Ann and her mother, Lucille Marie Davis.

In 1983, the couple purchased a house at 575 Apache Drive in Batavia for $77,000. Charles and Ann each contributed $8,000 toward the down payment, and the remaining balance was financed with a mortgage. Charles made certain repairs to the house, including plumbing, trim, flooring and painting. In July 1986, the house was refinanced through Aurora Federal for $55,000. Charles has continued to live at 575 Apache since the purchase. The value of the property was stipulated to be $110,500 at trial.

In June 1986, AT&T transferred Ann to Freehold, New Jersey. Ann purchased 20-H Manchester in Freehold for $60,000, to live in while in New Jersey. Ann financed part of the purchase with a mortgage that had an unpaid balance of approximately $50,000 in June 1989. Ann was transferred back to Aurora in October 1987. By that time, petitions had been filed to dissolve the couple’s marriage.

During the couple’s marriage, the finances of both parties were kept relatively separate. Each party filed separate income tax returns. Ann’s salary with AT&T was approximately $47,000 a year plus “A.P.A. team awards.” Ann has a savings plan with AT&T which, as of June 1, 1989, had a balance of $153,072.34. The premarital contribution and accumulation in the AT&T savings plan had a value of $58,782.97 as of June 1989. Ann also participates in AT&T’s stock ownership plan. A January 1982 statement from AT&T showed that Ann owned 13.985 shares of stock through 1980, and at the time of trial in June 1989, she owned 137.682 shares. The value of the stock was stipulated as the closing price on June 12, 1989. Ann also has a pension plan with AT&T. The value of the portion acquired during the marriage was stipulated to be $10,191.

Ann owned a number of other accounts containing savings and stock. She has a bank account with Old Second National Bank of Aurora, account No. 28322, for daily financial transactions. The balance on June 12, 1989, was approximately $800. Ann opened an account with Aurora Federal, No. 251605, in January 1983. Ann deposited portions of her AT&T salary into this account. The proceeds from the sale of her property at 830 Galena were also deposited into this account. From this account, Ann wrote checks to Merrill Lynch for deposit into her stock account.

Ann has three separate accounts with Merrill Lynch. Account No. 62621432 is a stock transfer account which Ann claims had a balance of $20,000 when the couple married. The total value of shares on June 12, 1989, was $60,092.13. Account No. 62621707 is a Canadian Maple Leaf Gold Coin account containing 10 coins. The value of the coins on April 22, 1989, was approximately $3,889. The third account with Merrill Lynch, No. 62685255, was opened to roll over her AT&T IRA accounts. The balance of the account was determined to be $19,935.79, as of June 1989.

Finally, Ann purchased shares in Putnam Health Sciences Trust on May 21, 1982, which were held with her other Merrill Lynch accounts. On June 20, 1989, it was stipulated that the value of the account was $12,500.

As previously stated, Charles was a barber before his marriage to Ann. He also was in the business of purchasing distressed real estate. Charles and his brother purchased 323 Flagg Street, Aurora, prior to his marriage to Ann. The property was purchased in his brother’s name. The value of 323 Flagg was stipulated at trial to be $28,000.

Other properties which were purchased during the marriage were put into an Illinois land trust, trust No. 53270, with Aurora National as trustee. The beneficial interest in the trust was assigned to Aurora National to secure a $70,000 line of credit. The trial judge assigned values to the properties in trust by subtracting the mortgage balance from either the stipulated values assigned to them at trial on June 12, 1989, or the purchase price. The properties included in the land trust were: 120 N. State Street and 124 N. State Street, Aurora, valued together by the trial court at $18,522.76; 1018-1020 Kane Street, Aurora, valued at $15,000; 1128 New York, Aurora, valued at $55,000; 202-204 Schiller Ave., Aurora, valued at $30,349.22; and 737 Kane, Aurora, a vacant lot that was improved with a house from 910 Kane, Aurora, valued at $5,000.

Charles had another property in the trust, 918 Kane, Aurora, which was sold before the trial court assigned values to the properties in trust. The property was sold for $31,000. Also, in January 1989, 1128 New York was sold for $55,000. Charles had also purchased a house at 915 Fenton for approximately $2,300, which was moved to 1020 Kane, Aurora. Charles sold 202-204 Schiller for $77,000. Finally, 737 Kane was appraised after the hearings, with the house from 910 Kane on the lot, at approximately $55,000.

Hearings were held on all property and maintenance issues beginning on June 5, 1989. On June 12, the parties stipulated to the values of many of the properties previously discussed. After the hearings concluded in August 1989, the court requested briefs from both parties detailing the proposed distribution of marital and nonmarital assets.

The filing of the trial briefs was not complete until July 1990.

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Cite This Page — Counsel Stack

Bluebook (online)
594 N.E.2d 353, 229 Ill. App. 3d 809, 171 Ill. Dec. 501, 1992 Ill. App. LEXIS 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-phillips-illappct-1992.