Thomas v. Thomas

4 S.W.3d 517, 68 Ark. App. 196, 23 Employee Benefits Cas. (BNA) 2860, 1999 Ark. App. LEXIS 785
CourtCourt of Appeals of Arkansas
DecidedDecember 1, 1999
DocketCA 99-76
StatusPublished
Cited by19 cases

This text of 4 S.W.3d 517 (Thomas v. Thomas) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Thomas, 4 S.W.3d 517, 68 Ark. App. 196, 23 Employee Benefits Cas. (BNA) 2860, 1999 Ark. App. LEXIS 785 (Ark. Ct. App. 1999).

Opinion

Margaret Meads, Judge.

This is an appeal from certain provisions of a decree of divorce relating to the division of property. Appellant, Mary Helen Thomas, appeals from the provisions of the decree that held that certain stock certificates and three certificates of deposit held in the parties’ joint names were appellee’s separate property; that awarded appellee $50,000 in his investment account as his separate property; and that awarded appellee one-half of the enhanced value of appellant’s retirement account and monthly pension benefit. Appellee cross-appeals from the provisions of the decree treating his cattle and farm as marital property, and not recognizing his interest in appellant’s separately owned house. We reverse on direct appeal and affirm in part and reverse in part on cross-appeal.

When the parties married in 1985, appellant had been employed at Lévi-Strauss since 1959 and had a pension profit-sharing and a 401 (k) account valued at $75,000. Appellant also owned a home subject to a mortgage. Appellee lived on a ninety-six-acre farm. He was in the farming business, had a partnership in a fitter business, and ran cattle on the farm he owned as well as on seven other leased farms. The parties signed a prenuptial agreement under which appellant advanced $60,000 to appellee for his farming business. Under the terms of the agreement, appellant was to receive $60,000 from appellee’s separate assets in the event of divorce or appellee’s death in order to restore appellant to the position she was in prior to the advance. The mortgage on appellant’s house was paid off in 1991 with a lump sum of approximately $9,000 from the parties’ “tractor” account. Appellant retired in 1992, after thirty-three years with Lévi-Strauss, and receives a net monthly pension of $1,338.36. Her retirement accounts are currently valued at $371,000. Appellee has an investment account in his name. Several certificates of deposit as well as shares of Wal-Mart, Tyson, and CIFRA stock are held in both parties’ names. The parties also have several bank accounts in both names at Mcllroy Bank and Farmers & Merchants Bank. The parties individually had these accounts prior to their marriage, but put each other’s names on the separate accounts subsequent to their marriage.

Appellant testified that when they married, appellee had more farming equipment and more cattle than he currently has, and he was active in the farming business. During the marriage appellee received approximately $123,000 from the sale of a farm that his father gave him and his sisters, and he also received money from his father’s estate. He incurred certain insurance losses to the poultry houses and barn on the farm he owned prior to marriage for which he received approximately $165,000. In May 1992, appellee sold some cattle for $135,000. Appellant testified that some of the cattle could have been part of appellee’s herd prior to their marriage. Also in 1992, appellee sold some farm equipment that “had been there” as long as they were married.

During the marriage, appellant usually deposited her pay from Lévi-Strauss into a joint bank account at Mcllroy Bank from which she paid the parties’ electric bill, telephone bill and Comtel; bought groceries, clothing, and items from Wal-Mart; and made church donations. Appellant also paid certain of appellee’s farm expenses including bills for the veterinarian, diesel, tractor tires, and tractor labor. Some of appellant’s payroll and bonus checks were also deposited into the joint account at Farmers & Merchants Bank (referred to as the farm or tractor account), the account from which appellee generally spent money and into which appellee deposited all his farm income as well as the parties’ joint tax refunds. Sometimes appellant’s paycheck could not cover all the parties’ expenses, in which case appellant would take money out of the tractor account. Appellant testified that they lived off her paycheck and had she not paid for the household, appellee would not have had the money in his tractor account to do all the things he did. She also testified that she helped appellee earn a living by cutting, raking, and baling hay, disking the ground, and helping work the cattle.

In regard to appellee’s cattle, appellant testified that appellee sold most of his farm equipment and cattle in 1992 when they were planning to retire and travel. She testified that appellee’s current herd was acquired since 1992. The parties changed their minds about retiring and returned to Arkansas where appellee got back into the farming and cattle business.

Appellant testified in detail regarding three certificates of deposit held jointly by the parties. The largest, valued at $80,000, was purchased with $50,000 of the insurance proceeds for losses to appellee’s farm. It was not until several weeks prior to the hearing on the divorce that appellee said that the certificate came from insurance money, and he did not believe appellant should have any part of it. The other two certificates were purchased with the proceeds of either cattle sales, insurance, or auctions. Appellant testified that they had the certificates for years; when they were purchased both names were put on them; and appellee said “nothing about them not being both of our interest.”

With regard to the parties’ stock, appellant testified that appel-lee probably suggested the stock be put in their joint names because he usually decided where large sums of money went and that he had both their names placed on the stock. The money “probably” came out of the farm account, but she had some good bonuses then, and they had some good tax returns, all of which were deposited in the farm account.

Appellee testified that appellant’s testimony regarding his insurance losses, inheritance, and the sources of money available to him was “pretty accurate.” Appellee agreed that he had a lot “less” cattle and equipment, and older equipment now than when he married. He testified regarding a financial statement that he completed in April 1985 in order to get a loan, but he said even though it states that it is, to the best of his knowledge, a true, correct and complete statement of his financial condition and he signed it, he didn’t list all of his property. He admitted that appellant worked in the farming operation, but said “how much hay can you bale from three o’clock in the evening or four o’clock until quitting time.” He also testified that after she retired in 1992, she was at the farm full-time, but didn’t help him full-time.

Appellee testified further that they generally cleared between $20,000 and $40,000 per year on his farming operation, and he could not have bought all the certificates of deposit and stock if he had to rely on his farm income alone. He said that he paid off some of his debts and bought some stock with his insurance proceeds; he used approximately $100,000 from the sale of his father’s farm to pay off debts and bought “stock and stuff’ with the remainder; and that the money to pay off appellant’s mortgage came from the sale of catde.

In an amended decree entered November 16, 1998, the chancellor granted appellee a divorce and divided both marital and nonmarital property. The chancellor found among other things that $9,000 in marital funds were used to pay off the mortgage on appellant’s house, but in order to adjust the equities between the parties he awarded the house to appellant.

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Bluebook (online)
4 S.W.3d 517, 68 Ark. App. 196, 23 Employee Benefits Cas. (BNA) 2860, 1999 Ark. App. LEXIS 785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-thomas-arkctapp-1999.