Carrow v. Carrow, 97-CA-00713-SCT.

• Citation: 741 So.2d 200
• Decision Date: 28 January 1999
• Docket Number: No. 97-CA-00713-SCT.,97-CA-00713-SCT.
• Parties: Jimmie Rogers CARROW v. Betty Jean CARROW.
• Court: United States State Supreme Court of Mississippi

741 So.2d 200

Jimmie Rogers CARROW v. Betty Jean CARROW.

No. 97-CA-00713-SCT.

Supreme Court of Mississippi.

January 28, 1999.

Rehearing Denied May 13, 1999.

William T. Reed, Pascagoula, Attorney for Appellant.

Claude V. Bilbo, Jr., Pascagoula, Dean Holleman, Gulfport, Attorneys for Appellee.

EN BANC.

BANKS, Justice, for the Court ¶ 1. On remand from a previous appeal,¹ the chancery court re-evaluated distribution of the marital assets in light of Ferguson v. Ferguson and Chamblee v. Chamblee as mandated by this Court in Carrow I. We conclude that the present distribution was an equitable one, and we affirm the judgment of the trial court.

I.

¶ 2. Betty Jean and Jimmie Carrow were divorced in March 1992 after 29 years of marriage. She was not granted an equitable distribution of the couple's property. After her motion to reconsider was denied by the trial court, Betty Jean (Jean) appealed to this Court. On September 4, 1994, this Court reversed and remanded the case to the Chancery Court of Jackson County to make an equitable distribution between Jean and Jimmie in light of Chamblee v. Chamblee, 637 So.2d 850 (Miss.1994) and Ferguson v. Ferguson, 639 So.2d 921 (Miss.1994). Carrow I, 642 So.2d at 908. This trial for equitable distribution was conducted on December 10-11, 1996. On remand, Jean and Jimmie stipulated to the division of certain property as follows:

1. That Jean Carrow shall be awarded the exclusive use, possession, and ownership of the Forts Lake, Jackson County, Mississippi, home, and she shall be responsible for any indebtedness thereon;

2. That Jimmie Carrow shall be awarded the exclusive use, possession, and ownership of the Grand Bay, Alabama, home, and he shall be responsible for any and all indebtedness thereon;

3. That Jean shall be awarded the exclusive use, possession, and ownership of her retirement/pension plan through her employment, and all benefits resulting therefrom, with such retirement/pension plan valued at $30,000;

4. That Jimmie Carrow shall be awarded the exclusive use, possession, and ownership of his retirement/pension plan through his employer, and all benefits resulting therefrom, with such retirement/pension plan valued at over $40,000.

¶ 3. The facts concerning the marriage of the parties, their accumulation of certain real and personal property, and the contribution of both parties in relation to such property are set forth in the previous decision of this Court. Based on this Court's findings and testimony of the both parties on remand, the chancery court determined the marital property subject to equitable distribution included the Market Street and Martin Street Properties, both located in Jackson County, Mississippi, and the Corvette collection.

¶ 4. In distributing the marital assets, the trial court recognized that the Corvette collection was purchased during the marriage as a source of retirement income for both Jean and Jimmie. The court found that both parties contributed to the acquisition of the real and personal property. Jimmie Carrow contributed through income from employment, income from personal property, by working at his auto store, and by repairing the Corvettes in the collection. The court found Jean's contribution to be her income from employment, and her contribution to the stability and harmony of the marriage and family relationship by raising the parties' only child, and by caring for Jimmie, which gave him time to pursue other business endeavors, such as the buying, restoring, and selling of the Corvettes.

¶ 5. The Martin Street property, valued at $140,000, has an equity of $75,000. Jimmie, who rented out this property beginning June 5, 1992, received rental income totaling $27,300 for a 42 month period. The Market Street property was sold on December 21, 1984, for $125,000, from which Jimmie received $14,000 in equity from a $25,000 down payment. By the time of the second trial, Jimmie had received mortgage payments in the amount of $35,185. Horace Slay, an automobile dealer specializing in Corvettes, appraised the 31 car Corvette collection at $349,000, less 25% for missing serial numbers. The final value of the Corvettes totaled $261,750. The court found one of these Corvettes was purchased with $1,900 Jimmie borrowed from his parents, while another was purchased with $1,000 he inherited from his father.

¶ 6. After consideration of the aforementioned facts, the Chancellor distributed the property as follows:

1. Jean was awarded ½ interest in the Martin Street property. Jimmie retained all rental income received thus far from this property, totaling $27,300. Both parties were awarded the rental income from the property received after the date of the chancery court opinion.

2. Jean was awarded ½ interest in the note and deed of trust due and owing on the Market Street property, which equaled to one-half of $106,768.

3. Jimmie was awarded the Corvette collection, parts, and bodies, with the exception of 15 corvettes valued at $174,250, which were awarded to Jean. The value of the Corvettes awarded to Jimmie totaled $177,250, plus $79,000, the estimated value of the parts and bodies.

¶ 7. Aggrieved by the distribution, Jimmie Carrow presently appeals to this Court for relief.

II.

¶ 8. In his first assignment of error, Jimmie asserts that, notwithstanding the mandate of this Court and prior case law, the trial court awarded Jean Carrow more than one-half of the assets acquired by Jimmie Carrow during the marriage. He claims that does not reflect an equitable distribution.

¶ 9. This Court's scope of review in domestic relations matters is limited. We will not disturb the findings of a Chancellor unless the Chancellor was manifestly wrong, clearly erroneous, or an erroneous legal standard was applied. Turpin v. Turpin, 699 So.2d 560, 564 (Miss.1997) (collecting authorities). See also Ferguson, 639 So.2d at 930

.

¶ 10. Marital assets include any and all property acquired or accumulated during the marriage. Hemsley v. Hemsley, 639 So.2d 909, 915 (Miss.1994). Assets so acquired or accumulated during the course of the marriage are marital assets and are subject to an equitable distribution by the chancellor. Id. at 915. In analyzing equitable distribution, this Court set out certain factors in Ferguson which the chancellor should use in making this determination. The chancellor need not make findings as to all the Ferguson factors, but may consider only those factors he finds "applicable" to the property in question. Weathers by v. Weathersby, 693 So.2d 1348, 1354 (Miss.1997).

¶ 11. Considering the aforementioned principles of law, it does not appear that the trial court failed to follow the mandate of this Court directing an equitable distribution of the marital assets of Jean and Jimmie Carrow. Awarding Jean one-half of the Martin Street property, one-half of the Market Street property's note and deed of trust due and owing, and part of the Corvette collection, which was to be used as retirement income for both parties, appears equitable in light of both parties' contributions to the marriage. Jimmie retained $27,300 in rental income received for the Martin Street property up to the December 10, 1996 trial date, with each party getting a share of the $10,353 projected future rental income from this property. Jimmie also retained $14,000 in equity from the sale of the Market Street property as well as over $30,000 received in mortgage payments at the time of trial. His share of the Corvette collection totaled $256,250 in value, while Jean's share totaled $174,250.

¶ 12. Jimmie claims the properties were not acquired jointly and that Jean was awarded more than one-half of his separate personal property. However, the court made the finding as to the marital assets specifically before making any distribution, as required in Hemsley, 639 So.2d at 914. Indeed, the parties stipulated to the division of the two homes acquired during the marriage and to the retention of their own retirement benefits, the property found by the chancellor to be acquired during the course of the marriage included the Market Street and Martin Street properties, and the Corvette collection.

¶ 13. Following Ferguson, the court considered the contributions of both parties to the accumulation of the real and personal property. This Court has recognized that chancellors are not limited to considering only the earning and cash contributions of a party, but it can be a sufficient contribution if one party renders services which are generally domestic in nature. Arthur v. Arthur, 691 So.2d 997, 1001 (Miss.1997) (citing Draper v. Draper, 627 So.2d 302, 306 (Miss.1993)).

¶ 14. In addition to contributing her employment income, Jean raised the parties' child, and handled most of the household duties and expenses, which allowed Jimmie to use more of his time and money for business investments. The court determined Jimmie's contribution to the accumulation of the property included his income from employment and rental income, as well as his restoration of the Corvettes in the collection. There was no finding by the court as to any tax consequences or emotional value in reference to the distribution of the marital assets.

¶ 15. Jimmie claims that the chancery court failed to consider how the assets were acquired, accumulated, and maintained. The chancellor, however, did make such findings as mandated by this Court. Through record evidence and testimony from both parties, the court recognized that Jimmie invested much time and money in the Corvette collection, but it also recognized that he was able to do so primarily through the assistance and contributions of Jean.

¶ 16. Jimmie also stresses in his first assignment that the trial court failed to consider Jean's separate business ventures, and the chancery court's previous decisions to forgive Jean of $22,000 in debt and the payment of $5,000 to Jean for assets used in her business.

¶ 17. There was little...