Myrtle Marie Stagner v. Lloyd Otis Stagner - Concurring

Opinion

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE December 2, 2003 Session

MYRTLE MARIE STAGNER v. LLOYD OTIS STAGNER

Appeal from the Chancery Court for Jefferson County No. 02-157 Telford E. Forgety, Chancellor

FILED FEBRUARY 27, 2004

No. E2003-00610-COA-R3-CV

CHARLES D. SUSANO , JR., concurring.

I concur in the majority opinion. I write separately to further address the majority’s treatment of the Illinois farm. I agree with the majority that the use of the parties’ joint accounts – to which both parties contributed – to pay “real estate taxes, insurance premiums, repairs and maintenance on the farm” during the parties’ 19-year marriage is clear evidence that “each party substantially contributed to [the Illinois farm’s] preservation and appreciation.” See Tenn. Code Ann. § 36-4- 121(b)(1)(B). This means that the entire “increase in value [of the Illinois farm] during the marriage,” see id., is marital property. Obviously this does not end the inquiry, because the trial court on remand must decide how to make an equitable division of the marital property portion of the present value of the farm in the context of an overall division of the total marital property estate. See Tenn. Code Ann. § 36-4-121(c)(1)-(11).

_______________________________ CHARLES D. SUSANO, JR., JUDGE