Nix v. Nix

341 S.E.2d 116, 80 N.C. App. 110, 1986 N.C. App. LEXIS 2158
CourtCourt of Appeals of North Carolina
DecidedApril 1, 1986
Docket8515DC919
StatusPublished
Cited by34 cases

This text of 341 S.E.2d 116 (Nix v. Nix) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nix v. Nix, 341 S.E.2d 116, 80 N.C. App. 110, 1986 N.C. App. LEXIS 2158 (N.C. Ct. App. 1986).

Opinion

BECTON, Judge.

This appeal involves a husband’s claim under the North Carolina Equitable Distribution Act, N.C. Gen. Stat. Sec. 50-20 (Supp. 1983) that the trial court erred in the classification, valuation and division of property and, ultimately, in making its distributive award under that statute.

The plaintiff-appellee, Elizabeth Lewis Nix, and the defendant-appellant, John William Nix, were married on 21 October 1979, separated on 29 May 1983, and divorced on 11 December 1984. No children were born of this marriage.

When they first met, both parties were employed — Elizabeth Lewis Nix as a clerk earning minimum wage, and John Nix as a mechanic earning $19.00 per hour. Elizabeth Lewis Nix terminated her employment at the request of John Nix sometime shortly thereafter. At the time of their marriage, each party had separate property. Elizabeth Lewis Nix owned a house and small tract of land on Smith Street in Gibsonville, North Carolina, and John Nix owned 18.5 acres of property with a well, septic tank, and mobile home in Swepsonville, North Carolina. The fair market value of the Gibsonville property was $10,000 and was subject to a Purchase Money Deed of Trust with a balance of $4,972.00. The fair market value of the Swepsonville property was $18,500.00; the fair market value of improvements thereon was $8,200.00.

Prior to the marriage, John Nix had begun to build a house containing 3,300 square feet on the Swepsonville property. He had obtained a $35,000 loan to finance the construction. After the par *112 ties were married, they obtained a second loan of $58,000 to complete the project. They repaid the balance of the first loan with the proceeds from the second. Both John Nix and Elizabeth Lewis Nix completed construction on the house, and it was sold for $95,900.00 in December of 1980. After paying the balance due on the $58,000 loan and other expenses incurred in connection with the construction and sale of the house, the parties realized a profit of $29,353.14. They deposited $20,000 in their joint savings account, paid the balance of the mortgage on the Smith Street property, which was approximately $4,773.00, and used the remaining $4,500.00 to settle other construction bills associated with the Swepsonville property. Next, they bought a travel trailer for $4,000.00, parked it at the Smith Street property, and commenced renovations and improvements on that property, using some of the remaining proceeds to finance this work and for living expenses.

In May of 1982, the parties borrowed $17,700.00 on the Smith Street property and purchased a $13,000 sailboat. In December of that same year, they borrowed an additional $15,389.13 on the Smith Street property and bought an 8.43 acre tract of land in Rockingham County for $5,000.00, as well as a dump truck, a heavy equipment trailer, a backhoe, a tractor and two lots and a trailer in Rockingham County, expending a total amount of $20,620.00.

I

A. Standard of Review

Our trial courts have broad discretionary powers in domestic law cases. A trial court may be reversed for abuse of discretion only upon a showing that its actions are manifestly unsupported by reason, or that its ruling could not have been the result of a reasoned decision. White v. White, 312 N.C. 770, 777, 324 S.E. 2d 829, 833 (1985), modifying and aff’g, 64 N.C. App. 432, 308 S.E. 2d 68 (1983). Only when the evidence fails to show any rational basis for the distribution ordered by the court will its determination be upset on appeal. See id., 312 N.C. at 778, 324 S.E. 2d at 833. Further, when an appellant contends that the findings of fact are not supported by the evidence, we look to see whether the findings are supported by any competent evidence in the record. See Alexander v. Alexander, 68 N.C. App. 548, 552, 315 S.E. 2d 772, 776 *113 (1984) (The trial court’s findings were not sufficient to support its disposition or to allow the appeals court to determine the basis on which it reached its legal conclusions.); Talent v. Talent, 76 N.C. App. 545, 554, 334 S.E. 2d 256, 262 (1985) (The court ignored un-contradicted evidence in classifying and distributing certain jewelry as marital property.).

B. Equitable Distribution Procedure

In applying G.S. Sec. 50-20, the trial court must first undertake to identify, with specificity, the property owned by the parties. See Wade v. Wade, 72 N.C. App. 372, 376, 325 S.E. 2d 260, 266, disc. rev. denied, 313 N.C. 612, 330 S.E. 2d 616 (1985); Little v. Little, 74 N.C. App. 12, 327 S.E. 2d 283 (1985). Next, the court must classify each item as either separate or marital property per G.S. Sec. 50-20(b)(l) and (2). Loeb v. Loeb, 72 N.C. App. 205, 208-09, 324 S.E. 2d 33, 37, cert. denied, 313 N.C. 508, 329 S.E. 2d 393 (1985). There is a presumption, rebuttable by clear, cogent and convincing evidence, that all property acquired by the parties during the marriage is marital property. Id., 72 N.C. App. at 205, 324 S.E. 2d at 38. Property can have a dual nature, and can be classified as part separate and part marital. This approach takes into account the active appreciation of separate property which often results from contributions made by one or both spouses. See generally, 72 N.C. App. at 378, 325 S.E. 2d at 268; Lawrence v. Lawrence, 75 N.C. App. 592, 595, 331 S.E. 2d 186, 188, disc. rev. denied, 314 N.C. 541, 335 S.E. 2d 18 (1985).

After classifying the property as marital, separate or mixed, the court must determine the net value of the property. Net value has been defined as market value, if any, less the amount of any encumbrance serving to offset or reduce the market value. Alexander, 68 N.C. App. at 551, 315 S.E. 2d at 775.

Finally, the trial court must make an equal division of the marital property. If, after a careful and clearly articulated consideration of the statutory factors (G.S. Sec. 50-20(c)) the trial court finds that an equal division is not equitable, it may order an unequal but equitable division of the property. See White, 312 N.C. at 776-77, 324 S.E. 2d at 832-33. Such an order will be disturbed on appeal only upon the determination that an obvious miscarriage of justice has resulted. Alexander, 68 N.C. App. at 552, 315 S.E. 2d at 776.

*114 II

With these principles in mind, we turn to John Nix’s assignments of error. His first assignment concerns what he terms the trial court’s failure to “allocate and distinguish between ‘separate property’ and ‘marital property’ pursuant to G.S. Sec. 50-20(b) in its classification of the status, value and distribution of property in rendering its judgment.” The gist of John Nix’s contention is that he is entitled to retain as “separate property” the net value of the Swepsonville property at the time of the marriage. He argues that the trial court completely disregarded our holdings in Wade, Loeb and Lawrence

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Bluebook (online)
341 S.E.2d 116, 80 N.C. App. 110, 1986 N.C. App. LEXIS 2158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nix-v-nix-ncctapp-1986.