Connie and Jimmy Morrow were first divorced in March 1988 shortly after the couple had begun constructing a residence on a .23-acre piece of North Carolina property given Jimmy by his family. The divorce decree awarded the property to Jimmy subject to an equitable lien which would be extinguished only when Jimmy paid in full either a $4,000 lump-sum amount of child support or a $5,000 sum to be paid in monthly installments. The parties started seeing each other shortly after the divorce and were living together within a year. Jimmy ceased paying child support around this time and it is uncontroverted the equitable lien placed on the property by the 1988 divorce decree was never extinguished. Connie provided both physical labor and financial contributions towards the construction of the residence and obtained the building permit for the structure in August 1989, at which time the exterior of the house was basically completed but little interior work had been done. The parties remarried two years after their divorce in March 1990. In 1998, Connie filed again for divorce and sought an equitable division of the North Carolina property. No evidence was introduced regarding the value of the home at the time of the remarriage. At a bench trial, the trial court found that the property was the marital residence with a fair market value of $40,000; that Jimmy was entitled to two set off credits ($2,000 to reflect the gift of the real property to Jimmy by his family and $1,022 to reimburse Jimmy for the payments he made to Connie towards satisfying the equitable lien placed on the property by the first divorce); and awarded Connie $18,989 of the remaining $37,978 value.
We granted Jimmy’s discretionary application to this Court to consider whether, incident to the couples’ 1999 divorce, the trial court erred in ordering the equitable division of the North Carolina property and if so, what is the proper disposition of such property. Finding no error in the trial court’s judgment, we affirm.
Jimmy contends that this case is controlled by
Moore v. Moore,
[I]n determining the manner in which marital property is to be equitably divided, the fact-finder is authorized to exercise its discretion after considering all the relevant factors, including each party’s contribution to the acquisition and maintenance of the property (which would include monetary contributions and contributions of a spouse as a homemaker), as well as the purpose and intent of the parties regarding the ownership of the property. [Cits.]
McArthur v. McArthur,
Judgment affirmed.
Notes
A building permit obtained by Connie and admitted into evidence reflected an estimated cost for the construction of the building at $10,000 to $12,000. The building inspector who conducted the inspection on the building in August 1989 testified that he did not estimate the cost for the building and that the permit was completed by a secretary in his office. The secretary did not testify at trial.
Because the lump sum awarded in the first divorce was in the nature of a property award for child support, Jimmy’s liability on the obligation did not cease upon the parties’ remarriage. See generally
Hamilton v. Finch,
