Owen v. Owen

798 So. 2d 394, 2001 WL 204040
CourtMississippi Supreme Court
DecidedMarch 1, 2001
Docket1999-CA-01077-SCT
StatusPublished
Cited by69 cases

This text of 798 So. 2d 394 (Owen v. Owen) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owen v. Owen, 798 So. 2d 394, 2001 WL 204040 (Mich. 2001).

Opinion

798 So.2d 394 (2001)

Margaret Lynn OWEN
v.
Kenneth Whiteside OWEN.

No. 1999-CA-01077-SCT.

Supreme Court of Mississippi.

March 1, 2001.

*396 C. Michael Malski, Amory, Attorney for Appellant.

Will R. Ford, Attorney for Appellee.

EN BANC.

SMITH, J., for the Court:

¶ 1. Margaret Lynn Owen ("Margaret") and Kenneth Whiteside Owen ("Kenneth") filed a Joint Complaint for Divorce in the Chancery Court of Union County, Mississippi, seeking a divorce on the ground of irreconcilable differences. Unable to agree on property settlement issues, the parties agreed to allow the chancellor to resolve those matters. The chancellor granted a divorce on the ground of irreconcilable differences and then ordered the couple's marital assets to be sold with Kenneth receiving 60% of the proceeds and Margaret 40%. Subsequently, Margaret moved the chancellor to reconsider the division of assets based upon the Ferguson factors and specifically requested that the chancellor equitably divide Kenneth's Employee Stock Ownership Plan ("ESOP") and 401(k) retirement funds. The chancellor denied Margaret's motion, and she has appealed that decision, raising the following assignments of error:

ISSUES
I. THE CHANCELLOR ERRONEOUSLY BASED DISTRIBUTION OF THE OWENS' PROPERTY UPON ONE FACTOR RATHER THAN ALL THE FACTORS OF FERGUSON v. FERGUSON.
II. THE CHANCELLOR ERRED IN FAILING TO INCLUDE IN THE MARITAL ESTATE, AND TO EQUITABLY DISTRIBUTE, KENNETH'S RETIREMENT BENEFITS ACCUMULATED DURING THE MARRIAGE.

¶ 2. We find that the chancellor erred in failing to specifically address all applicable Ferguson factors and in failing to include Kenneth's retirement plans in dividing the couples marital assets.

STATEMENT OF THE FACTS

¶ 3. Margaret and Kenneth married in 1987. The couple initially lived in Texas where Kenneth worked and Margaret attended college. While a full-time student, Margaret performed the household chores and held several part-time jobs, using her earnings to pay for school supplies, clothing, and groceries. Margaret's tuition was paid by both Margaret's father and Kenneth.

¶ 4. In 1992, the couple returned to New Albany, Mississippi. Margaret initially taught school and worked at a local clothing store. Later, Margaret started her own business as an artist. Margaret gave Kenneth all income she earned, and, in return, he wrote her checks for the amount transferred to him. In essence, Margaret kept whatever she earned, and these "transfers" were made apparently for tax purposes only. Meanwhile, Kenneth began working as an engineer for Master-Bilt, where he received retirement benefits in the form of an ESOP and a 401(k) plan, both of which are titled solely in his name. Kenneth's ESOP and 401(k) plan were valued in excess of $5,000 and $7,000, respectively, as of the date of divorce.

¶ 5. During the marriage, the couple purchased two homes. Margaret and Kenneth took title to the first home jointly, and both helped make extensive repairs on the home. The second home, in which Kenneth took sole title, was used as a rental house. Both parties participated in cleaning the second home and landscaping the yard, but Kenneth testified that he *397 paid Margaret for the work she performed. All mortgage payments, taxes, and repair payments on both houses were made by Kenneth.

¶ 6. The couple also owned an investment account which contained a pre-divorce balance of $14,844. After the couple separated, Kenneth, who admitted that money had been accumulated during the marriage, withdrew $14,500 from that account out of concern that Margaret would spend the money.

¶ 7. The couple's tax returns show that Margaret never made more than $1,500 a year, but Kenneth indicated that she actually made more.[1] Kenneth admitted, however, that he was "benefitted" from Margaret having a job as she was able to spend her income on her clothes and on other items such as groceries. Kenneth also admitted that Margaret made domestic contributions throughout the marriage. At the time of divorce, Margaret earned $1,250 in net monthly income and spent $2,766 in monthly living expenses, while Kenneth earned $3,107 in net monthly income and spent $2,651 in monthly living expenses.

¶ 8. The couple filed for divorce in 1998. After granting a divorce, the chancellor divided the couple's property. In reaching his decision, the chancellor noted the parties' ages and present incomes and noted that Kenneth had substantially contributed to Margaret's obtaining a college degree. The chancellor also pointed out that Margaret had worked only "spasmodically" during the marriage. Ultimately, the chancellor stated that, after having reviewed the Ferguson factors, the court "[found] as a matter of fact that Kenneth... [had] been the primary financial contributor to the assets of the marriage and that he should receive a greater percentage of any distribution of the marital assets." The chancellor found the couple's two homes and six vehicles to be marital property and ordered them sold with Kenneth receiving 60% of the proceeds and Margaret 40%. The chancellor also ruled that the couple's investment account was marital property and awarded Margaret 40% of the pre-divorce balance. Both parties also received a number of personal property items which the chancellor found to be separate assets. According to Kenneth's calculations, the items retained by Margaret had an estimated value of $38,250, while the items he received had an estimated value of $8,510. All other personal property not specifically listed was deemed marital property and was to be sold with Kenneth receiving 60% of the proceeds and Margaret 40%.

¶ 9. After the chancellor reached his decision, Margaret moved for a reconsideration of the division, specifically requesting that the chancellor consider the Ferguson factors and that he equitably divide Kenneth's ESOP and 401(k) retirement funds. The chancellor denied the motion, and Margaret has appealed to this Court.

STANDARD OF REVIEW

¶ 10. As with most matters appealed from the chancery court, this Court "employs a limited standard of review" of the division and distribution of property in divorces. Reddell v. Reddell, 696 So.2d 287, 288 (Miss.1997). Such division and distribution "will be upheld if it is supported by substantial credible evidence." Carrow v. Carrow, 642 So.2d 901, 904 (Miss.1994). This Court will not substitute its judgment for that of the chancellor "[e]ven if this Court disagree[s] with the lower court on the finding of fact and *398 might ... [arrive] at a different conclusion." Richardson v. Riley, 355 So.2d 667, 668 (Miss.1978). The chancellor's findings will not be disturbed "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). When no specific findings appear in the record, this Court generally presumes that "the chancellor resolved all such fact issues in favor of the appellee." Maslowski v. Maslowski, 655 So.2d 18, 20 (Miss.1995). In cases where that presumption applies, the chancellor's decision will not be overturned if supported by substantial, credible evidence. Tedford v. Dempsey, 437 So.2d 410, 417 (Miss.1983).

DISCUSSION

I. DID THE CHANCELLOR ERRONEOUSLY BASE DISTRIBUTION OF THE OWENS' PROPERTY UPON ONE FACTOR RATHER THAN UPON ALL THE FACTORS OF FERGUSON v. FERGUSON?

¶ 11.

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

Related

James Delaine Stacy v. Sandy Ross Stacy
Court of Appeals of Mississippi, 2024
Alvin Johnson, Sr. v. Anna Johnson
Court of Appeals of Mississippi, 2023
Nancy Shannon v. Laron Shannon
Court of Appeals of Mississippi, 2022
Thomas C. Wooten v. Ashley L. Simmons Wooten
Court of Appeals of Mississippi, 2022
Baron T. Drayton v. Segen Mesmer-Drayton
Louisiana Court of Appeal, 2021
Janice Loden Sullivan v. James Wayne Sullivan
Court of Appeals of Mississippi, 2020
William Gerald Gilmer v. Sandra Giachelli Gilmer
Court of Appeals of Mississippi, 2020
Raymond Earl Reynolds v. Elizabeth Kay Henry Reynolds
Court of Appeals of Mississippi, 2019
Brenda Harness Thornton v. Timothy Terrell Thornton, Sr.
270 So. 3d 186 (Court of Appeals of Mississippi, 2018)
Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr.
245 So. 3d 421 (Mississippi Supreme Court, 2018)
Daniel W. Michael v. Kellie Michelle Smith
237 So. 3d 183 (Court of Appeals of Mississippi, 2018)
Sheila Russell v. Donnie Euvon Horn Byrd
226 So. 3d 114 (Court of Appeals of Mississippi, 2017)
Charles H. Griner, Jr. v. Melanie Griner
235 So. 3d 177 (Court of Appeals of Mississippi, 2017)
Howard Wilson Carney, III v. Andrea Leigh Bell Carney
201 So. 3d 432 (Mississippi Supreme Court, 2016)
Jones v. Jones
155 So. 3d 856 (Court of Appeals of Mississippi, 2013)
Heimert v. Heimert
101 So. 3d 181 (Court of Appeals of Mississippi, 2012)
Wikel v. Miller
53 So. 3d 29 (Court of Appeals of Mississippi, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
798 So. 2d 394, 2001 WL 204040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owen-v-owen-miss-2001.