Inman v. Inman

811 S.W.2d 870, 1991 Tenn. LEXIS 170
CourtTennessee Supreme Court
DecidedApril 22, 1991
StatusPublished
Cited by23 cases

This text of 811 S.W.2d 870 (Inman v. Inman) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Inman v. Inman, 811 S.W.2d 870, 1991 Tenn. LEXIS 170 (Tenn. 1991).

Opinions

OPINION

O’BRIEN, Justice.

This divorce action was commenced in September, 1987. The final hearing was in November, 1988, terminating a marriage of some 28 years. It has since been litigated vigorously, largely due to a dispute over the distribution of marital property, which both parties contend is not in accordance with T.C.A. § 36-4-121, and the award of alimony and attorneys fees to plaintiff by the Court of Appeals.

The circumstances of the parties prior to the granting of the divorce will be taken from the memorandum of the trial court relating to division of marital property. At the time of the divorce Mr. Inman was 50 years of age and Mrs. Inman was 51. Both were in good health. At the time of the marriage Mr. Inman had an approximate [871]*871net worth of $150,000, acquired entirely by his own earnings, savings and investments. His principal assets were a partnership interest in a service station and rental real estate equities. Mrs. Inman owned no significant property at the time of the marriage. During the early years of the marriage she was engaged in keeping house and caring for the four (4) children born to them. Mr. Inman worked approximately 72 hours a week at the service station and continued to buy and sell real estate. Approximately five (5) years after the date of the marriage the combined net worth of the parties had reached about $1,000,000. After the children reached school age Mrs. Inman began showing real estate listed by her husband to prospective buyers. About 1973 she obtained a license as an affiliate real estate broker. In 1974 or 1975 the two of them became associated with the same real estate broker, although Mr. Inman was still working long hours at the service station and Mrs. Inman was primarily engaged as a homemaker. In 1976 the parties purchased Magnolia Hall, a large, older home, in Franklin, Tennessee, where they resided together until September, 1987, when Mr. Inman removed himself from the residence. In 1977 Mr. Inman sold his interest in the service station and became a full time investor, promoter and commission salesman in the real estate field. In 1979 he established a real estate agency under the name, Inman Realtors. This venture, beginning with Mr. and Mrs. In-man and one affiliate broker, achieved considerable success and at the time of the divorce employed more than 40 affiliate brokers. Mrs. Inman was paid a substantial salary as a salesperson for Inman Realtors. It appeared that she was a capable and productive salesperson although she did not attend sales meetings and tours normally required of affiliate brokers. She did not appear to the other affiliate brokers in the agency to be acting as a full-time sales agent. Her contention that she and Mr. Inman were co-managers of Inman Realtors was not supported by the evidence. After founding Inman Realtors Mr. Inman participated in a joint venture in an enterprise managing and dealing in Nutri/Sys-tem franchises. This business was extremely successful and substantially increased the combined net worth of the parties.

After setting aside their separately owned property the trial judge found their combined net worth to be approximately $9,000,000. He deducted the sum of $1,000,000 in consideration of the accrual to Mr. Inman’s initial contribution of $150,000 and fixed the value of the estate subject to equitable division to be approximately $8,000,000. He allotted Mrs. Inman the sum of $2,300,200 in real property, cash and negotiable securities, which included Magnolia Hall. (Mrs. Inman had elected to keep Magnolia Hall, which was valued at $1,400,000, as part of her distribution of marital property, instead of taking the option of receiving its value in cash.) Mr. Inman retained all other assets with the sole responsibility for all debts and liabilities incurred by either of the parties prior to 15 November 1988. The indebtedness totalled nearly $1.3 million dollars. The judge further held that, in view of the amount of money and property received by Mrs. Inman under the decree, together with her substantial earning capacity, it was neither necessary nor appropriate to award her either alimony or attorneys fees. He found that Mrs. Inman was guilty of cruel and inhuman treatment which caused the disintegration of the marriage and the separation of the parties and that Mr. In-man should be awarded an absolute divorce on his counterclaim. The decree of divorce provided for joint custody of the one remaining minor child of the parties, for $1,000 per month child support in the event the child elected to reside with her mother, as well as other provisions for her support and maintenance; and for the division of property as set out heretofore.

In her initial appeal from the trial court’s judgment Mrs. Inman raised seven (7) issues for consideration each of which was considered by the Court of Appeals. These issues included (1) denial of a motion for the chancellor to recuse himself; (2) the trial court’s failure to hold that defendant’s admitted penury barred him from obtain[872]*872ing a divorce; (3) error in granting the divorce to Mr. Inman on the grounds of cruel and inhuman treatment; (4) error in not awarding the wife a divorce on the grounds of adultery; (5) error in setting aside to Mr. Inman the sum of $1,000,000 as the current value of his $150,000 premarital property; (6) objection to the trial court’s distribution of the marital property; and (7) the denial of alimony and attorney fees.

The Court of Appeals found that the original suit was filed by the wife against the husband on the grounds of irreconcilable differences and cruel and inhuman treatment.1 It further found that the husband had filed a counter-complaint seeking a divorce on the ground of cruel and inhuman treatment. Subsequently the wife amended her complaint to allege adultery on the part of the husband as an additional ground for divorce. At the time of the divorce the parties had been married for over 28 years.2 For the twelve years or so after the marriage in 1960 Mrs. Inman devoted her time to being a homemaker and raising the parties four (4) children. Mr. Inman worked long hours, six or seven days a week at his service station. In 1975 they both obtained real estate licenses and were employed by a local realtor. Mr. In-man continued to work part-time at his service station. Mrs. Inman usually showed the properties while he handled the contract negotiations and closings. In 1979 the parties opened a real estate business known as “Inman Realtors” in Franklin. They employed Mr. Inman’s brother and one other employee. The real estate business was capitalized at $10,000, with funds from the parties joint account. In the early years the wife ran the realty office and continued to show the properties while the husband managed the negotiations and closings. The Inman real estate business prospered. In 1980 Mr. Inman became a partner in a Nutri/System franchise. During the years that followed he became more involved in Nutri/System franchises throughout the country, finding it to be a highly profitable business which, by 1986 was the largest single franchisee of Nu-tri/Systems in America. Mrs. Inman was not involved as a partner or employee in the Nutri/System business. As a practical matter, the parties separated on Easter Sunday, 1987, after a disagreement over church attendance. Following this disagreement the husband withdrew from the marriage and in August of that year moved from the marital bedroom to a separate room in their residence. He advised Mrs. Inman that he wanted a divorce.

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Cite This Page — Counsel Stack

Bluebook (online)
811 S.W.2d 870, 1991 Tenn. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/inman-v-inman-tenn-1991.