Christine Hebron v. Timothy Hebron
507 S.W.3d 632
| Mo. Ct. App. | 2016Background
- Husband and Wife’s Vanguard brokerage account was opened in Mother Claire DePalma’s name but titled as joint tenants with survivorship in Husband and Wife; Mother made all deposits and alone received statements.
- Neither Husband nor Wife withdrew funds or knew the account balance before divorce; their only act was signing account-creation forms presented by Mother.
- Mother testified she created the account to reserve funds for her future medical care and did not intend it as a gift; Wife corroborated that the account was intended for Mother’s care.
- Wife sued for dissolution; parties agreed to divide marital property except ownership of the Vanguard Account, which was tried separately in a bench trial.
- The trial court found the account belonged to Mother (a non-party), ordered the account left titled to Husband and Wife but restrained both from accessing it, and did not join Mother as a party; post-trial motions to join Mother were denied.
- The Court of Appeals reversed and remanded, holding the trial court should have joined Mother sua sponte as a necessary party under Rule 52.04 and conducted a new trial.
Issues
| Issue | Plaintiff's Argument (Hebron - Husband) | Defendant's Argument (Hebron - Wife/Mother) | Held |
|---|---|---|---|
| Whether the trial court could adjudicate ownership of an asset claimed to belong to a non-party without joining that person | Trial court erred by failing to designate/divide the Vanguard Account as marital or separate property under §452.330 and by effectively adjudicating ownership of a non-party’s property | Wife argued the account belonged to her mother and thus should not be treated as marital property; Mother (who was not joined) claimed an ownership interest | Court held the trial court lacked authority to adjudicate ownership of property held by a non-party and must join Mother as a necessary party under Rule 52.04; reversed and remanded for joinder and new trial |
Key Cases Cited
- Clark v. Fitzpatrick, 801 S.W.2d 426 (Mo. App.) (appellate courts may raise failure to join a necessary party sua sponte)
- Alvino v. Alvino, 659 S.W.2d 266 (Mo. App. E.D.) (non-party with an interest in disputed marital assets is a necessary party; trial court may join parties sua sponte)