Marks v. Marks
432 S.W.3d 698
Ark. Ct. App.2014Background
- Jefferson County Circuit Court granted Elvin a divorce from Leona, declared Elvin’s real and personal property nonmarital, but awarded it to Leona and ordered alimony of $250/month for 3 years.
- The court awarded Leona Elvin’s nonmarital real property at 5410 W. 11th Street despite it being Elvin’s separate property.
- Elvin testified he acquired 5410 W. 11th Street in 1989, built a house there, and allowed Leona to live there rent-free; he did not intend to gift the property.
- Leona testified she had lived at 5410 W. 11th Street for nearly two decades, made improvements, and that Elvin had given her the home, a gun, and furniture.
- The trial court found 5410 W. 11th Street to be Leona’s, and that Elvin gave Leona a revolver and oak bedroom furniture; it also awarded Leona alimony.
- Elvin appealed, arguing improper division of nonmarital property, lack of evidence for gifts, and error in alimony award; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Elvin's nonmarital property properly distributed under 9-12-315(a)(2)? | Elvin: statute not applicable when no inequity in marital property division. | Marks: statute authorizes distribution based on equities even for nonmarital property. | Yes; distribution supported under 9-12-315(a)(2). |
| Did the evidence support that Elvin gifted the gun and furniture to Leona? | Elvin did not gift; items loaned or retained by him. | Leona: gifts were made; trial court credibility to witness. | Yes; findings of gifts not clearly erroneous. |
| Was the alimony award properly discretionary and justified? | Alimony unnecessary due to retirement; income disparity not drastic. | Alimony appropriate due to Leona's needs and Elvin's ability to pay. | Yes; trial court did not abuse discretion; three-year alimony affirmed. |
Key Cases Cited
- Copeland v. Copeland, 84 Ark.App. 303 (Ark. App. 2003) (broad power to distribute property for equitable division)
- Dial v. Dial, 74 Ark.App. 30 (Ark. App. 2001) (reversal standards for nonmarital property divisions)
- Arnoult v. Arnoult, 2014 Ark. App. 82 (Ark. App. 2014) (credibility and weight afforded to witnesses)
- Massey v. Massey, 2014 Ark. App. 111 (Ark. App. 2014) (definition of a gift as voluntary transfer without consideration)
- Taylor v. Taylor, 369 Ark. 31 (Ark. 2007) (alimony factors and discretion)