Davis v. Davis
378 S.W.3d 426
Mo. Ct. App.2012Background
- Wife and Husband married in February 1996; two children born of the marriage.
- In 2000 the family moved into a home owned by Wife’s mother, with no cost paid by the spouses.
- In October 2004 Wife’s mother gifted the home to Wife by special warranty deed; eleven days later Wife added Husband as an owner via quit-claim deed.
- Improvements were made to the home and treated as marital assets paid from joint funds; Husband later became disabled and Wife works outside the home.
- Trial court valued the home at $190,000, ordered a $95,000 be paid to Husband or $500 monthly payments, and allowed an option to sell with half net proceeds to satisfy equalization.
- Judgment designated Wife as custodial parent for child benefits and health insurance responsibilities; debts and other marital assets were allocated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the home properly classified as marital property and is the equalization payment proper? | Wife argues transmuted property should not force equal division; home largely contributed by Wife. | Husband contends the court correctly treated the home as marital property and could award equalization. | Yes; the court’s treatment and equalization were proper. |
| Was the overall division of property an abuse of discretion given factors like contributions and custody? | Wife contends she contributed the home and children’ custody supported a larger share. | Husband argues the division weighed factors appropriately and was not arbitrary. | No abuse; substantial evidence supported the division and it did not shock the conscience. |
Key Cases Cited
- Reynolds v. Reynolds, 109 S.W.3d 258 (Mo.App. W.D. 2003) (trial court division presumed correct; standard of review)
- Jinks v. Jinks, 120 S.W.3d 301 (Mo.App. W.D. 2003) (weight given to factors; no formula; review for abuse)
- Williams v. Williams, 965 S.W.2d 451 (Mo.App. W.D. 1998) (custodial home award not necessarily at no cost)
- Myers v. Myers, 47 S.W.3d 403 (Mo.App. S.D. 2001) (no abuse of discretion when unequal division warranted by contributions)
- Betz v. Betz, 880 S.W.2d 621 (Mo.App. W.D. 1993) (discretion in asset division; reasonable persons may disagree)
- Keller v. Keller, 18 S.W.3d 589 (Mo.App. W.D. 2000) (tracing source of funds as factor; transfer may reflect gift)