Tipton v. Tipton
2017 Ark. App. 601
| Ark. Ct. App. | 2017Background
- Michael and Pamelia Tipton married in 1992; Pamelia filed for divorce in 2015 and the case went to a contested hearing.
- Real property purchased in both names in 1993 was later quitclaimed solely to Pamelia (2000), allegedly to protect it from Michael’s creditors; a mobile home was titled to Pamelia for credit reasons. Michael had significant child-support arrearages in Texas.
- Pamelia was vested in a 401(k) valued at about $9,900 at trial; Michael testified about possible retirement plans but offered no evidence of vesting or values.
- The circuit court orally awarded the real property and the trailer to Pamelia and left each party with their respective retirement plans; its written decree expressly made an unequal distribution of property, finding the transfers had been by agreement to protect assets.
- Michael appealed, arguing the circuit court made an unequal distribution without addressing the nine statutory factors in Ark. Code Ann. § 9-12-315(a)(1)(A). The Court of Appeals reviews property-division findings for clear error and de novo as to statutory application.
Issues
| Issue | Plaintiff's Argument (Tipton) | Defendant's Argument (Pamelia) | Held |
|---|---|---|---|
| Whether court may enter unequal division without reciting § 9-12-315(a)(1)(A) factors | The circuit court failed to consider or recite the statutory nine factors when making an unequal division; reversal required | The court’s written decree treated the property as nonmarital or, alternatively, its findings about agreement/intent justified the unequal award without reciting factors | Reversed: written decree treated property as marital and the court erred by not stating statutory factors and reasons for unequal division |
Key Cases Cited
- McClure v. McClure, 220 Ark. 312, 247 S.W.2d 466 (1952) (transfer during marriage to defeat creditors bears on property claims)
- Baxley v. Baxley, 86 Ark. App. 200, 167 S.W.3d 158 (2004) (written decree controls over oral bench pronouncement; enumeration of statutory factors signals treatment as marital property)
- Judkins v. Hoover, 351 Ark. 552, 95 S.W.3d 768 (2003) (oral orders are not effective until reduced to writing and filed)
- Wadley v. Wadley, 395 S.W.3d 411 (Ark. App. 2012) (unequal distribution requires recitation of statutory reasons; absence mandates reversal)
- Watkins v. Watkins, 388 S.W.3d 53 (Ark. App. 2012) (remand required when unequal division lacks explanation showing consideration of statutory factors)
- Womack v. Womack, 16 Ark. App. 139, 698 S.W.2d 306 (1985) (vested retirement benefits are marital property subject to division)
- Skokos v. Skokos, 344 Ark. 420, 40 S.W.3d 768 (2001) (standards for reviewing circuit-court findings in property division)