Scott v. Scott

835 So. 2d 82, 2002 WL 1277940
CourtCourt of Appeals of Mississippi
DecidedJune 11, 2002
Docket2001-CA-00179-COA
StatusPublished
Cited by8 cases

This text of 835 So. 2d 82 (Scott v. Scott) 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
Scott v. Scott, 835 So. 2d 82, 2002 WL 1277940 (Mich. Ct. App. 2002).

Opinion

835 So.2d 82 (2002)

Catherine Watts SCOTT, Appellant,
v.
Leroy SCOTT, Appellee.

No. 2001-CA-00179-COA.

Court of Appeals of Mississippi.

June 11, 2002.
Rehearing Denied September 3, 2002.
Certiorari Denied January 16, 2003.

*83 Jessie L. Evans, Canton, attorney for appellant.

Reeves Jones, Jackson, attorney for appellee.

Before McMILLIN, C.J., BRIDGES, and IRVING, JJ.

IRVING, J., for the court.

¶ 1. Catherine Watts Scott appeals from an amended final judgment of divorce rendered by the Chancery Court of Madison County, Mississippi, which changed the division of marital property between her and Leroy Scott, her ex-husband. She does not challenge the granting of the divorce. However, she raises two property-related issues: (1) whether the lower court abused its discretion and committed manifest error in dispossessing her of the marital domicile and (2) whether the lower court made an equitable distribution of the marital assets.

FACTS

¶ 2. On October 26, 2000, the twenty-five-year marriage of Catherine and Leroy Scott came to an end when a final judgment of divorce was entered by Chancellor William J. Lutz. Leroy was not present for the divorce hearing which was held two days prior to the judgment being entered.

¶ 3. The final judgment awarded a divorce to Catherine on the ground of habitual cruel and inhuman treatment. Also, she was awarded exclusive ownership and possession of the marital residence, two acres of land inherited by Catherine from a relative on which the marital residence was located, furniture and furnishings *84 within the home, title and exclusive possession of a 1979 Cadillac, reimbursement in the amount of $1,500 for clothing destroyed by Leroy, and $150 reimbursement for appraisal of the marital home. Leroy was awarded exclusive possession and ownership of his American Express Mutual Fund and exclusive possession and ownership of 10.1 acres of land in Madison County.

¶ 4. Thereafter, Leroy filed a motion to set aside judgment and set trial date. Affidavits were filed by Leroy's original attorney explaining that the attorney did not receive an order of continuance and was unaware of the October 2000 hearing. On December 4, 2000, Leroy's new attorney and Catherine's attorney reached an agreement which provided that the court would set aside only those parts of the final judgment for divorce pertaining to the property of the parties and that those issues would be tried at a later date.

¶ 5. The hearing to address the property division occurred on January 16, 2001. Prior to the hearing, both parties submitted financial statements as required by Rule 8.05 of the Uniform Chancery Court Rules. Catherine's statement showed her sole monthly income as $378 for Social Security. Her total monthly living expenses were listed at $474.88; her assets were listed as real estate (the marital domicile) at $40,000, and furniture and appliances at $10,000, for a total of $50,000. Leroy's statement showed his net monthly income as $574 and his monthly living expenses as $570. Listed assets were real estate (the marital home) at $20,000, 10.1 acres of land in Madison County at $5,050, 1979 Cadillac at $1,000, 1978 Buick at $900, 1970 Dodge at $800, shotgun at $50, pistol at $30, lawn mower at $100, T.V. at $130, furniture at $500, and American Express Mutual Fund at $11,000, for a total of $39,560. At the time of the hearing, both parties' income had increased since the disclosure of their financial statements. Catherine was receiving $449 a month in disability, and Leroy was receiving $1,100 a month from employment. Also, it was determined that Leroy's American Express Mutual Fund had appreciated in value to $12,000. An appraisal of the marital home placed the value of the home at $22,000. The chancellor did not do an evaluation of the marital estate or indicate which of the parties' evaluations he considered credible.

¶ 6. After the hearing, the chancellor entered an amended final judgment of divorce. In the amended final judgment, Leroy was awarded exclusive ownership and possession of the parties' marital residence, one half of his American Express Mutual Fund, exclusive ownership of all personal property outside the home including the lawnmower and all of the automobiles. He was also given the following additional items: his guns, tools, clothes, an armoire where his clothes were located, one bed, the kitchen table and chairs, a reasonable amount of linen, towels, cookware and the second best set of plates and glasses. Catherine was awarded the sum of $9,840 for her share of the equity in the marital residence plus $1,000 for the value of the two-acre lot which Catherine brought into the marriage.[1] Catherine was also awarded one half ($6,000) of Leroy's American Express Mutual Fund and all personal property inside the marital residence except that which was given to Leroy. Finally, the chancellor ordered that all findings of fact, conclusions of law, and orders of the court contained in the original final judgment of divorce entered on October 26, 2000, and consistent with *85 the amended final judgment, would remain in full force and effect.

ANALYSIS AND DISCUSSION OF ISSUES

Equitable Division of the Marital Estate

¶ 7. Although Catherine asserts two issues, both of them concern the manner in which the chancellor divided the property; therefore, this Court will collapse these issues and address them as equitable division of the marital estate. This Court will not reverse a chancellor's findings unless they are manifestly wrong, clearly erroneous or an erroneous standard is applied. Reddell v. Reddell, 696 So.2d 287, 288 (Miss.1997). When reviewing a chancellor's findings, this Court employs a limited standard of review. Id. This Court looks to the chancellor's application of the Ferguson factors when reviewing questions of equitable distribution. Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss.1994).

¶ 8. The Ferguson factors are: (1) substantial contribution to the accumulation of the property. Under this factor, the chancellor should consider (a) the parties' direct or indirect economic contribution to the acquisition of the property, (b) the parties' 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) the contribution to the education, training or other accomplishments by the other spouse 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) absent equitable factors to the contrary, the value of assets not ordinarily 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. Ferguson,

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Cite This Page — Counsel Stack

Bluebook (online)
835 So. 2d 82, 2002 WL 1277940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-scott-missctapp-2002.