Butler v. Butler
2012 Ohio 6085
Ohio Ct. App.2012Background
- Appellant Joel Butler filed for divorce on October 25, 2011; the parties separated on July 12, 2011.
- A final divorce hearing addressed the disposition of a mobile home (Oakwood 54 x 25) valued at $35,000, titled in appellee Elizabeth Butler.
- $20,000 of the trailer’s funds were said to be gifted by Appellant’s mother; the gift status and ownership arguments were disputed.
- Appellant claimed the trailer should be marital property only if not gifted, while Appellee claimed to have contributed income and living in the home.
- Trial court encouraged written final arguments and later issued a judgment dividing property and debt, with specific terms for the trailer.
- The trial court found the trailer to be marital property and granted Appellee the right to reside for five years, with a buyout option of $17,500 at the end, or proceeds to be split if sold.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trailer was properly classified as marital property. | Butler contends the trailer was funded by gifts to him and thus separate property. | Butler asserts the trailer was marital property for equitable distribution. | Trailer properly classified as marital property. |
| Whether the five-year occupancy before payment was appropriate. | Butler argues five-year delay to pay his share was inappropriate and not supported by the record. | Butler argues the delay is needed to allow purchase or sale proceeds to be distributed fairly. | Five-year occupancy with delay to payment was remanded for written findings of fact; the five-year term was not sufficiently explained. |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard for property division requires consideration of factors)
- Booth v. Booth, 44 Ohio St.3d 142 (Ohio 1989) (abuse of discretion requires more than a mere error in judgment)
- Kaechele v. Kaechele, 35 Ohio St.3d 93 (Ohio 1988) (written findings necessary to support equitable property division)
- Focke v. Focke, 83 Ohio App.3d 552 (Ohio App.2nd Dist. 1992) (mandatory factors for equity in property division)
- Layne v. Layne, 83 Ohio App.3d 559 (Ohio App.2nd Dist. 1992) (requirement to address statutory factors in division of marital property)
- Wenger v. Wenger, 2003-Ohio-5790 (9th Dist. Ohio) (finality and disentanglement considerations in divorce proceedings)
- Bisker v. Bisker, 69 Ohio St.3d 608 (Ohio 1994) (abuse of discretion in property division requires rational basis)