Douglas R. Linton v. Debra A. Linton
63 Va. App. 495
Va. Ct. App.2014Background
- Douglas and Debra Linton executed a property settlement agreeing Debra’s separately titled 49% limited partnership interest in CRL Partnership, LP was marital property valued at $768,862.50 and that Douglas was entitled to a monetary award of $384,431.25.
- The settlement left open how Debra would satisfy the monetary award.
- At the divorce hearing, Debra sought to satisfy the award by conveying 24½% (one-half of her 49%) of her limited partnership interest to Douglas. Douglas opposed, arguing Code § 20-107.3(C) prohibited transfer of separately titled property.
- The trial court ordered Debra to transfer the 24½% interest to Douglas in full satisfaction of the monetary award, concluding Code § 20-107.3(D) — not § 20-107.3(C) — controlled.
- Douglas appealed, arguing the trial court lacked authority under § 20-107.3(C) to order transfer of separately titled property. The Court of Appeals reviewed statutory construction de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court may order transfer of separately titled property to satisfy a monetary award | Linton (appellant) argued § 20-107.3(C) bars transfer/division of property that is not jointly owned, so the court could not order conveyance of Debra’s separately titled interest | Debra (appellee) argued § 20-107.3(D) permits a court-ordered conveyance of property to satisfy a monetary award, subject to court approval | The court held § 20-107.3(C) and (D) address different stages: (C) governs division/transfer of jointly owned marital property; (D) authorizes satisfying monetary awards by conveyance of property with court approval — so transfer was permissible under (D) |
Key Cases Cited
- Payne v. Payne, 5 Va. App. 359 (discusses § 20-107.3(D) authority to satisfy monetary awards by property conveyance subject to court approval)
- Johnson v. Johnson, 56 Va. App. 511 (upholds use of § 20-107.3(D) to order transfer of property to satisfy monetary award)
- Venable v. Venable, 2 Va. App. 178 (recognizes conveyance to satisfy monetary awards is subject to court approval)
- Boynton v. Kilgore, 271 Va. 220 (statutory construction: apply plain meaning; review de novo)
- Brandau v. Brandau, 52 Va. App. 632 (authority for awarding appellate attorney’s fees in family law appeals)