Luplow v. Luplow
450 S.W.3d 105
| Tenn. Ct. App. | 2014Background
- Wife filed for divorce; issues include property/debt division, sale proceeds, contempt petition, and attorney fees.
- Marital residence sold; proceeds net of a Bethel-related judgment were escrowed; alimony and credit card settlements affected distribution.
- Court allocated the Neill-Sandler judgment; estate in Castleman property and line-of-credit issues were contested.
- Castleman property was found to be Wife’s separate property; line of credit tied to that property was found to be marital debt.
- CitiBank debt awarded to Husband as a judgment (not alimony in solido) after modification; tuition debt and other marital debts divided.
- Final decree modified to assign the Neill-Sandler judgment to Husband and to establish specific debts and alimony-related obligations; Wife awarded funds and a remaining judgment against Husband.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Treatment of Neill-Sandler judgment as debt | Wife argues not marital debt and seeks equal division. | Husband argues it is marital debt but with different allocation. | Debt is marital; modified to Husband alone responsibility. |
| Distribution of sale proceeds from the marital residence | Wife claims improper allocation and deductions. | Husband supports court’s balance and allocations. | Recalculated: Wife receives $34,401.89 judgment; proceeds adjusted to reflect modified debt allocations. |
| Castleman property and transmutation | Wife contends Castleman is Wife’s separate property; debt lines unclear. | Husband contends property should be marital. | Castleman property remains Wife’s separate property; line-of-credit debt classification revised to marital (one-third Wife, two-thirds Husband). |
| Debt on the Castleman line of credit | Debt should be allocated reflecting both spouses’ contributions. | Debt should be allocated per妻’s and husband’s proportions. | Line of credit debt is marital; allocation 1/3 Wife, 2/3 Husband. |
| CitiBank debt as alimony in solido | Debt balance awarded as alimony in solido should remain so. | Alimony in solido not modifiable; convert to judgment. | CitiBank balance treated as a judgment, not alimony in solido. |
Key Cases Cited
- Alford v. Alford, 120 S.W.3d 810 (Tenn. 2003) (four factors for equitable division of marital debt)
- Mondelli v. Howard, 780 S.W.2d 769 (Tenn.Ct.App. 1989) (foundation for debt division factors)
- Langschmidt v. Langschmidt, 81 S.W.3d 741 (Tenn. 2002) (transmutation framework for property classification)
- Kinard v. Kinard, 986 S.W.2d 220 (Tenn.Ct.App. 1998) (application of equitable debt division factors)
- Yattoni-Prestwood v. Prestwood, 397 S.W.3d 583 (Tenn.Ct.App. 2012) (line-of-credit taken during marriage as marital debt)