Jones v. Jones

904 So. 2d 1143, 2004 WL 2341830
Court of Appeals of Mississippi·Decided October 19, 2004·No. 2003-CA-00516-COA·Published·Cited by 3 cases

Opinion

904 So.2d 1143 (2004)

Sheila JONES, Appellant/Cross-Appellee
v.
Jay JONES, Appellee/Cross-Appellant.

No. 2003-CA-00516-COA.

Court of Appeals of Mississippi.

October 19, 2004.

*1145 James R. Hayden, Hattiesburg, attorney for appellant.

Glenn Louis White, Petal, Sheila Havard Smallwood, Tupelo, attorneys for appellee.

EN BANC.

CHANDLER, J., for the Court.

¶ 1. On March 6, 2002, the Chancery Court of Perry County, Mississippi, granted a divorce to Sheila Jones and Jay Jones. The property dissolution arrangement granted a one-half interest of the marital home to each party, two-thirds of the value of the bank accounts as of the date of separation to Sheila Jones and one-third of the value to Jay Jones, personal property to remain in the possession of the party with possession at the time of the divorce judgment, and each party to assume the debts in his or her name as contracted. Sheila appealed, raising the following issue:

I. WHETHER THE CHANCELLOR EQUITABLY DISTRIBUTED THE ASSETS OF THE PARTIES

¶ 2. Jay cross-appealed, raising the following issues:

II. WHETHER THE CHANCELLOR PROPERLY CHARACTERIZED MRS. JONES' 25.7 ACRES OF PROPERTY AS SEPARATE PROPERTY
III. WHETHER THE CHANCELLOR PROPERLY CALCULATED THE VALUE OF MR. JONES' 401K ACCOUNT

¶ 3. Finding that the chancellor equitably distributed the parties' marital property, properly characterized Sheila Jones's property she purchased prior to the marriage as separate property, but miscalculated the value of Jay Jones's 401K account, we affirm in part, and reverse and render in part.

FACTS

¶ 4. Sheila Jones and Jay Jones married on July 7, 1990. When the couple married, Sheila had assets which she valued at $23,690, and no debts. Included in Sheila's assets was a 26.7 acre tract of land Sheila purchased from her great-grandmother's estate. The mortgage on this land was paid off at the time of the marriage. Jay brought into the marriage $4,480 in assets and debts in the same amount. Their marriage produced two children. The couple separated on November 13, 1999. On August 28, 2000, the chancery court entered an order requiring that neither party shall encumber any assets of the marriage.

¶ 5. The couple's marital difficulties began in September 1990, when Jay's former girlfriend told him she was pregnant with his child. Jay began a long and protracted legal battle with his ex-girlfriend beginning in 1992, in which at least $10,000 in legal fees were spent. In 1995, it was determined that Jay was the father of his *1146 ex-girlfriend's child, and he was required to pay child support.

¶ 6. In 1991, Sheila and Jay purchased three acres of land adjoining the 26.7 acres Sheila already owned. This land was purchased with money obtained by a $3,500 loan. They also entered an agreement to purchase a home in the amount of $4,000. The home they purchased was situated on the three acres they had bought together, plus an additional acre on Sheila's 26.7 acre property. Sheila and Jay obtained an additional $10,000 loan, secured by Sheila's 26.7 acres of property. They used the money to pay for the house, to pay to have the house moved and set up on a parcel of the land, to provide a roof on the house, and to make other improvements.

¶ 7. Jay and Sheila's second and final loan secured by Sheila's 26.7 acres of property was obtained in 1995, in the amount of $3,000. This money was used to pay Jay's attorney for his representation in Jay's paternity dispute, to pay off a credit card debt, and to pay for car repairs. Both loans, as well as the loan for the additional three acres of property, were paid off at the time of the separation.

¶ 8. On March 6, 2002, the chancellor granted the parties' divorce on the grounds of Jay's adultery. The chancellor found that Sheila had acquired 26.7 acres of property prior to the marriage. Of this property, the chancellor found that 25.7 acres would remain separate property.

¶ 9. The chancellor found the three acre parcel, house, and one additional acre to be marital property. The chancellor set a value of $22,800 for the acreage and home, with each party to have a one-half interest. Sheila currently enjoys exclusive use and possession of the property. When the youngest child reaches the age of twenty-one or when Sheila remarries, Jay shall receive a payment of $11,400 for his interest, and fee simple shall vest to Sheila.

¶ 10. The chancellor found the valuation of the parties' other assets to be difficult to determine. Both parties withdrew funds after the temporary order of separation even though they were forbidden to do so. Accordingly, the court used the valuation of the accounts as of the date of the separation to control. There were four accounts that were subject to division; two accounts were in Jay's name, and two accounts were in Sheila's name. The chancellor found that the value of Sheila's retirement account was $35,636.11, and the value of her savings account was $4,400. Jay had a 401K account in the sum of $4,019.39 and a savings account in the sum of $3,413. The total of Jay and Sheila's assets in bank accounts was $47,468.50. Sheila was to receive two-thirds of this amount, and Jay was to receive one-third of this amount. For Jay to receive this amount, Sheila was to pay $8,390.44 to Jay within sixty days of the judgment. The chancellor also ruled that all debts were to remain in the name of the party that contracted the debt.

¶ 11. As to the other assets, each party was to keep all personal property presently in his or her possession, with the exception that Jay was to recover his automotive tools, his college diploma, the gun cabinet, pots and pans from his grandmother, 32 sheets of tin, his 1999 Chevy Silverado (later repossessed), his 1988 Chevy Silverado, and his 1979 Jeep which Jay converted into a "monster truck" during the marriage. For Sheila, this part of the judgment meant that Sheila would keep her 1994 Cadillac, living room furniture, a 48-inch television, bedroom furniture, and household appliances.

¶ 12. Sheila filed a motion for new trial and/or reconsider on March 19, 2002. Jay was also dissatisfied with the chancellor's judgment and filed a motion to reconsider *1147 and to alter/amend judgment on March 21, 2002. The chancellor denied all relief as it pertained to property division.

ANALYSIS

I. WHETHER THE CHANCELLOR EQUITABLY DISTRIBUTED THE ASSETS OF THE PARTIES

¶ 13. In dividing marital property, Mississippi has adopted a system of equitable distribution. Under the equitable distribution system, "the marriage is viewed as a partnership with both spouses contributing in the manner they have chosen." Ferguson v. Ferguson, 639 So.2d 921, 927 (Miss.1994). The division of marital assets is within the broad inherent equity powers of the chancery court. This duty has been codified in Mississippi Code Annotated § 93-5-23 (Rev.2000). In deciding how to distribute the marital property equitably, the chancellor applied Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss.1994), which lists eight factors that a court should, but is not required, to consider in dividing the marital property.

¶ 14. Our scope of review in domestic relations matters is limited. "This Court will not disturb the findings of a chancellor unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal standard was applied." Bell v. Parker, 563 So.2d 594, 596-97 (Miss.1990). In our review of the chancellor's application of the Ferguson

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