James v. James

736 So. 2d 492, 1999 Miss. App. LEXIS 175, 1999 WL 185283
CourtCourt of Appeals of Mississippi
DecidedApril 6, 1999
DocketNo. 98-CA-00720-COA
StatusPublished

This text of 736 So. 2d 492 (James v. James) 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
James v. James, 736 So. 2d 492, 1999 Miss. App. LEXIS 175, 1999 WL 185283 (Mich. Ct. App. 1999).

Opinions

LEE, J.,

for the Court:

¶ 1. Helen and Earl James had been married for 34 years at the time of trial and had one adult son. They agreed to terminate their marriage on the ground of irreconcilable differences and to allow the Court to decide all of the other issues between them. The sole issue on this appeal is whether the chancellor erred in awarding Earl $12,000 that he had received from an inheritance which was used to acquire a lot next door to the James’s home. The title to this property was in both Earl and Helen’s names. The chancellor determined that the property was to be partitioned by sale and, after payment of the costs of the sale, Earl would receive the first $12,000 and the balance would be divided equally between Earl and Helen. Their total marital assets, including the $12,000 in dispute, were valued at $149,-794.

¶ 2. Aggrieved with this result, Helen appealed this issue as well as others on a prior appeal. The other issues were dismissed without merit; however this $12,-000 sum was determined by the Court of Appeals on the prior appeal to be marital property subject to distribution because it had been commingled with marital assets and used for familial purposes. The Court of Appeals reversed on this issue and directed that the case be remanded so that the chancellor could review the entirety of [493]*493the parties’ marital assets and determine how this particular sum should be divided.

¶ 8. On remand the chancellor found that the original disposition of property between Mr. and Mrs. James would remain the same, that is, that the entire amount would be granted to Mr. James despite the fact that the Court of Appeals had determined that the $12,000 was a marital asset. Though the chancellor on remand erred in its factual statement that the parties shared no children, it was factually correct on this point in its original opinion when the property was initially distributed. This initial division of assets was calculated by the chancellor pursuant to the guidelines set forth in Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994), specifically taking into account that the contributions and efforts of the marital partners in the accumulation of the property would be assumed to be of equal value in accordance with Hemsley v. Hemsley, 639 So.2d 909, 915 (Miss.1994). The property was thus distributed in such a manner that Helen’s share, evaluated at $82,030, represented approximately fifty-five percent of the Jameses’ total marital assets, and Earl’s share, evaluated at $67,764.37, represented approximately forty-five percent of the assets. Earl’s share of the assets included the $12,000 now in question.

¶ 4. The proper disposition of this $12,000 must be considered in light of all the marital assets available for distribution and the lower court’s actual distribution of those assets. This amount cannot be isolated from the rest of the marital assets as though it were placed in a vacuum. “In the final analysis, all awards should be considered together tq determine that they are equitable and fair.” Ferguson, 639 So.2d at 929. Ferguson, 639 So.2d at 928, governs the process which chancellors should consider when making the equitable distribution of marital property in Mississippi. That case lists the guidelines, though not exclusive, to be considered in such cases as follows:

1. Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:
a. Direct or indirect economic contribution to the acquisition of the property;
b. Contribution to the stability and harmony of the marital and family relationships as measured by quality, quantity of time spent on family duties and duration of the marriage; and
c. Contribution to the education, training or other accomplishment bearing on the earning power of the spouse accumulating the assets.
2. The degree to which each spouse has expended, withdrawn or otherwise disposed of marital assets and any prior distribution of such assets by agreement, decree or otherwise.
3. The market value and the emotional value of the assets subject to distribution.
4. The value of assets not ordinarily, absent equitable factors to the contrary, subject to such distribution, such as property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse;
5. Tax and other economic consequences, and contractual or legal consequences to third parties, of the proposed distribution;
6. The extent to which property division may, with equity to both parties, be utilized to eliminate periodic payments and other potential sources of future friction between the parties;
7. The needs of the parties for financial security with due regard to the combination of assets, income and earning capacity; and,
8. Any other factor which in equity should be considered.

In addition, Ferguson asserts that an automatic right to the equal division of jointly-[494]*494accumulated property does not exist, but rather, division is left to the discretion of the chancellor. Ferguson, 639 So.2d at 927 (citing Draper v. Draper, 627 So.2d 302, 305 (Miss.1993)). Below is an accounting which is in accord with the chancellor’s initial identification and distribution of assets which this Court believes to be correct and should be affirmed.

To Earl: To Helen: Total:
4,000 Stock $4,000 8,000
Wife’s IRA 2,700 2.700
Husband’s IRA 4,734 4^ w tf*
Husband’s guns 3,000 CO o O
Car 6,000 6,000
Jewelry-20,000 20,000
Doll collection 10,000 10,000
2,330 Cash 2,330 4,660
4,700 Husband’s 401k 4.700
49,000 (37,000 x 12,000) Home & lot* 37,000 86,000
67,764 (45%) TOTAL 82,030 (55%) 149,794
* Value of house & lot = $86,000
for inheritance Less 12,000 to Earl
Balance 74,000 divided by 2 = 37,000 each to Helen and Earl

¶ 5. It is clear that the chancellor considered the value of Earl’s $12,000 inheritance in relationship to the marital assets, following the Ferguson guidelines together with the evidence presented by the parties, in determining an equitable distribution of all the assets which resulted in a division giving forty-five percent of the total assets to Earl and fifty-five percent to Helen. Helen is now additionally asking for one-half of a $12,000 sum that is included in Earl’s forty-five percent. According to Ferguson, 639 So.2d at 927, Helen has no automatic right to the equal division of this amount simply because this Court has now determined it to be marital property. Such division is left to the discretion of the court.

¶ 6. This Court denied Helen’s previous appeal asking for a lump sum award as well as an increase in periodic alimony and full payment of attorney’s fees.

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

Related

Tillman v. Tillman
716 So. 2d 1090 (Mississippi Supreme Court, 1998)
Brennan v. Brennan
638 So. 2d 1320 (Mississippi Supreme Court, 1994)
Hemsley v. Hemsley
639 So. 2d 909 (Mississippi Supreme Court, 1994)
Ferguson v. Ferguson
639 So. 2d 921 (Mississippi Supreme Court, 1994)
Draper v. Draper
627 So. 2d 302 (Mississippi Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
736 So. 2d 492, 1999 Miss. App. LEXIS 175, 1999 WL 185283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-james-missctapp-1999.