Stratton v. Stratton

433 S.E.2d 920, 16 Va. App. 878, 10 Va. Law Rep. 127, 1993 Va. App. LEXIS 337
CourtCourt of Appeals of Virginia
DecidedAugust 10, 1993
DocketNo. 0638-92-2
StatusPublished
Cited by37 cases

This text of 433 S.E.2d 920 (Stratton v. Stratton) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stratton v. Stratton, 433 S.E.2d 920, 16 Va. App. 878, 10 Va. Law Rep. 127, 1993 Va. App. LEXIS 337 (Va. Ct. App. 1993).

Opinion

Opinion

FITZPATRICK, J.

Temple M. Stratton (husband) appeals from the final order of equitable distribution. Husband argues that the trial court: (1) misclassified as marital property certain property purchased by husband with separate funds from the marital business; (2) erred in determining the value of husband’s separate property and the parties’ marital property; and (3) abused its discretion in awarding Anne Wheeler Stratton (wife) attorney’s fees. For the reasons set forth below, we agree that the trial court misclassified separate property as marital, and we reverse the judgment on that basis. We conclude, however, that husband’s other assignments of error are without merit. [880]*880Accordingly, we affirm the trial court’s valuations of property and award of attorney’s fees.

The parties were married in September 1967 and separated in June 1989. Two children were bom of this twenty-two year marriage. Wife was the primary homemaker and caretaker of both children. Husband is a college graduate .and his salary as a car salesman has been the family’s primary source of income. Wife has a two year degree and has worked throughout the marriage on a part-time basis.

In April 1981, husband established Stratton Auto Sales, Incorporated. Husband is the sole shareholder of the company and receives a salary as an employee of the business. He has continued to operate this business under the same name and at the same location since its establishment. The parties agree that Stratton Auto Sales, Inc. is marital property.

Pursuant to an interest in property received from his mother, husband and his two siblings formed a general partnership under the name Stratton Properties. Stratton Properties is a limited partner in Henricus Associates. The parties agree that husband’s interest in these partnerships is his separate property. The trial court valued husband’s one-third interest in Stratton Properties at $137,000.

In 1984 or 1985, Stratton Auto Sales, Inc. purchased property in Louisa County pursuant to a land sales contract. The purchase price was $15,000 financed over 10 years. In February 1989, husband purchased this property from Stratton Auto Sales, Inc. with his separate funds received from a distribution based on his interest in Stratton Properties. He paid $6,940.89 to Stratton Auto Sales, Inc. and assumed the loan on the land sales contract for the Louisa property. The cash “buyout” amount to Stratton Auto Sales, Inc. represented the amount of equity in the property at the time of the transfer.

For equitable distribution purposes, the trial judge classified Stratton Auto Sales, Inc. as marital property and valued it at $20,000. The trial judge, in explaining his basis for the valuation, stated:

It is difficult for me to find that a business in existence for 10 years in which the owner works 12 hours a day, six days a week, has produced income of more than $20,000 per year, and has another full time employee, is worth nothing. I base my valuation on the history of the company and what it can offer in the future [881]*881to [husband] - or to someone else who would take over the business. Certainly a buy out of $2000 per year plus interest over a 10 year period (less than $200 per month) is reasonable.

The Louisa property was also classified as marital property and valued at $10,000. The trial judge explained the classification as follows:

I did not consider the Louisa property to be part of the corporation. It was purchased by [husband] during the marriage. It was an asset of individual value. Based on the purchase price and the location I felt that its fair market value was minimally worth $10,000.

The value of the Louisa property is not contested. Wife was awarded one-half of the property’s value, $5000.

Finally, the trial judge awarded to wife partial attorney’s fees of $4500 and costs of $593.90. This award was based on the finding that the divorce was not wife’s fault and that “[husband] should share in her attorneys fees.”

CLASSIFICATION OF THE LOUISA PROPERTY

The property in Louisa County was originally purchased by Stratton Auto Sales, Inc. during the parties’ marriage. It is well settled that if an interest in a business is marital, the use of business funds to acquire other property makes such acquired property also marital. Lambert v. Lambert, 6 Va. App. 94, 103, 367 S.E.2d 184, 189 (1988). Because Stratton Auto Sales, Inc. is marital property, any assets of the business are valued and distributed as part of the business. Generally, the character of property at the date of acquisition governs its classification pursuant to Code § 20-107.3. See Stainback v. Stainback, 11 Va. App. 13, 20, 396 S.E.2d 686, 690 (1990). Accordingly, the Louisa County property, while owned by Stratton Auto Sales, Inc., was a marital asset.

Prior to the institution of this suit, Stratton Auto Sales, Inc. sold the Louisa property to husband. Husband paid for this property with his separate funds. This conveyance simply replaced the Louisa property with cash within the marital estate. The cash, which had been held as husband’s separate property, then became part of the marital estate.

No evidence in the record before us indicates that the conveyance from Stratton Auto Sales, Inc. to husband was fraudulent. Indeed, it [882]*882appears that husband tendered adequate consideration to the corporation in the form of debt relief and a cash payment of $6,940.89. Therefore, the Louisa property, which was marital when initially acquired by the corporation, was exchanged for and replaced by the cash payment and debt relief. Accordingly, there was no dissipation or waste of marital assets in anticipation of separation. Cf. Clements v. Clements, 10 Va. App. 580, 586-87, 397 S.E.2d 257, 261 (1990).

After the sale from the corporation to husband, the property became husband’s individual property acquired during the marriage by use of his separate funds. “All property acquired by either spouse during the marriage is presumed to be marital property in the absence of satisfactory evidence that it is separate property. The party claiming that property should be classified as separate has the burden to produce satisfactory evidence to rebut this presumption.” Stroop v. Stroop, 10 Va. App. 611, 615, 394 S.E.2d 861, 863 (1990) (citations omitted).

The evidence proved that husband acquired the Louisa property with his separate funds and that he maintained the property as his separate property. Code § 20-107.3(A)(l) provides that separate property includes “all property acquired during the marriage in exchange for or from the proceeds of sale of separate property, provided that such property acquired during the marriage is maintained as separate property.” We conclude that the Louisa property is husband’s separate property, and that the judgment of the trial court must be reversed on this basis.

In so holding, we reject wife’s argument that husband unilaterally converted a marital asset into separate property and dissipated the marital estate. The corporation is the marital property.

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Cite This Page — Counsel Stack

Bluebook (online)
433 S.E.2d 920, 16 Va. App. 878, 10 Va. Law Rep. 127, 1993 Va. App. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stratton-v-stratton-vactapp-1993.