Carroll v. Carroll
2011 Ark. App. 356
| Ark. Ct. App. | 2011Background
- Married couple Pamela and Dale Carroll contested division of a Jackson Point Hunting Club membership purchased during marriage.
- Trial court found the hunting club interest to be nonmarital, largely based on the source of funds and a $10,000 check labeled “Gift.”
- Evidence showed the membership was acquired in 1984 and later restructured; purchase price reportedly around $32,500–$35,000.
- Hunting camp trailer on the club property, financed with marital funds, was deemed marital property; the court limited its nonmarital finding to the hunting club membership itself.
- Appeals followed: the appellate court reversed the trial court’s nonmarital finding and remanded for reconsideration; dissents argued credibility and preservation issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Jackson Point Hunting Club membership marital or nonmarital property? | Carroll contends nonmarital funds; membership acquired preponderantly with his funds. | Carroll argues the membership was funded by marital assets or commingled funds. | Presumption is marital; evidence insufficient to rebut; majority held nonmarital finding incorrect and reversed. |
Key Cases Cited
- First National Bank v. Rush, 30 Ark.App. 272 (1990) (clear-and-convincing-evidence standards; credibility of interested witnesses allowed)
- Lofton v. Lofton, 23 Ark.App. 203 (1988) (presumption of tenancy by the entirety; need clear convincing evidence to overcome)
- Aldridge v. Aldridge, 28 Ark.App. 175 (1989) (burden on party asserting property interest to prove it is separate)
- McDermott v. McDermott, 336 Ark. 557 (1999) (all property acquired during marriage is marital unless exceptions apply)
- Grover v. Grover, 101 Ark.App. 346 (2008) (equity/appeals de novo; defer to trial court on findings)