Draper v. Draper

• Citation: 627 So.2d 302
• Decision Date: 16 September 1993
• Docket Number: No. 91-CA-1260,91-CA-1260
• Parties: Douglas O. DRAPER v. Joan Davis DRAPER.
• Court: United States State Supreme Court of Mississippi

Page 302

627 So.2d 302

Douglas O. DRAPER v. Joan Davis DRAPER.

No. 91-CA-1260.

Supreme Court of Mississippi.

Sept. 16, 1993.

Rehearing Denied Dec. 16, 1993.

Billy G. Bridges, Vicky F. Williams, Bridges & Williams, Brandon, for appellant.

Ricky L. Boggan, John H. Price, Jr., Price & Zirulnik, Jackson, for appellee.

En Banc.

JAMES L. ROBERTS, Jr., Justice, for the Court:

Douglas O. Draper and Joan Davis Draper separated on July 15, 1989, after almost twenty-eight years of marriage. After a two-day hearing, Joan was awarded a divorce on the ground of uncondoned adultery on November 20, 1991. Doug appeals to this Court assigning five errors, only one of which merits full discussion. We affirm the chancellor's decision on all issues.

I.

Joan and Doug Draper were married on December 16, 1961, in Nashville, Tennessee. Two children were born of the marriage, Nikki, born in 1963, and Mark, born in 1967. As both children are adults, neither support nor custody are issues in this case.

Joan and Doug have known each other since they were children in Nashville. They married the day after Joan graduated from the University of Tennessee with a B.S. degree in education. At the time of their marriage, Doug was still in school. While he completed the last quarter of his undergraduate degree, Joan was a substitute teacher. As that position was not bringing in very much income, she started to work at a bank in Knoxville in February, 1962.

Doug began graduate school in March, 1962. Joan continued working at the bank. Doug worked as a teaching assistant while he was in school. They continued to receive financial aid from both sets of parents for a period after their marriage. Joan quit work at the bank in November, 1962, due to her pregnancy with their first child. In September, 1963, Joan returned to the work force, this time as a teacher in the Knox County public schools. Doug was still in graduate school at this time. Joan continued to teach until sometime in the spring of 1967, when she again quit due to pregnancy and childbirth. Doug finished his doctorate in the spring of 1968. The couple moved to Jackson, Mississippi, after Doug graduated, and Doug began a post-doctoral fellowship at the University Medical Center. With Doug's approval, Joan stayed at home with their two children.

Around 1971, Doug decided to become qualified as a clinical psychologist, and began a year in an internship program. At the same time, Joan went back to teaching. Doug had a job at the hospital, but Joan was making a higher salary. Joan taught in the public schools in Terry, Mississippi, until June, 1976. Doug opened his private practice around 1972. In June, 1976, Joan again quit teaching with Doug's approval because their son was having trouble in school.

Joan did not return to work until September, 1983. At that time she volunteered as the manager of the sales gallery at the Mississippi Museum of Art. Doug approved of this work experience, even though Joan was not paid, because there were the possibilities of contacts and referrals for his business. Joan worked there for two years. In 1985, their son was attending an expensive school in Colorado and Joan stated that Doug wanted her to work at a paying job to help defray the costs of their son's school. Joan began work at the Mississippi Arts Commission on November 1, 1985. After their son transferred to Mississippi State University in the fall of 1987, Joan quit her job at the Commission in March, 1988. Joan stated that she was unhappy because of the stress her job generated. Doug was grossing over $200,000.00 a year and Joan did not feel it was necessary for her to continue to work.

Doug did not approve of Joan's decision to quit her job. Joan testified that Doug told her that if she quit it would hurt their relationship, and that if she quit they would probably either get a divorce or have to sell the lot adjoining their home. Joan went back to school at Mississippi College and began working towards a master's degree in counselling. ¹

Joan was not employed at the time of trial, but had plans to seek employment upon completion of her degree and upon successfully passing the National Teachers' Exam, and in fact, had taken active steps to seek employment in the public school system. Doug, on the other hand, testified that his practice is "off" as a result of the divorce proceedings.

Doug became more dissatisfied with the marriage and asked for a divorce in February, 1989. However, Joan testified that she did not want the marriage to end. She wanted to work at saving their marriage and indicated she was willing to go to counselling. Joan stated that Doug refused to attend counselling sessions with her, declaring his mind made up about the divorce. Doug moved out of the marital home July 15, 1989. Joan testified that she continued to make efforts to save their marriage even after Doug moved out. Joan filed for divorce after learning of Doug's affair with Vesta Carter. The suit for divorce was filed October 26, 1990.

Doug complained that Joan's treatment of him was habitually cruel and inhuman because she smoked and refused to quit, she worked too many crossword puzzles, watched too much television, was unaffectionate toward him, and she seldom invited friends to their home. Moreover, Doug was displeased that Joan quit work. He felt that her working enriched their lives. Furthermore, Doug denied that his relationship with Vesta Carter had anything to do with the end of their marriage.

The Chancellor issued his judgment and opinion on November 20, 1991. The Chancellor granted Joan a divorce on the ground of uncondoned adultery, denying both parties' request for a divorce on the ground of habitual cruel and inhuman treatment. The Chancellor equitably divided the marital property, granting to Joan the title to all personal property in the family home (valued at $15,000.00); the title to the family home and adjacent lot (directing Doug to sign a warranty deed conveying said title, and directing Joan to assume and pay the first and second mortgages on the home); and $125,000.00 cash. Furthermore, the Chancellor directed Doug to maintain and pay all premiums on a life insurance policy on his life in the sum of $70,000.00, with Joan as the named beneficiary and owner of the policy. The Chancellor awarded Joan thirty-five per cent (35%) of the total value of Doug's retirement plan. Doug was also ordered to pay court costs and Joan's attorneys' fees. In addition, the Chancellor awarded Joan $4,200.00 a month in alimony.

Doug filed a Motion for a New Trial and Relief from Judgment on November 27, 1991. After a hearing on December 6, 1991, the Chancellor denied the Motion. Doug appeals to this Court.

II.

Our scope of review is limited in appeals from the Chancery Court. A chancellor's decision will not be reversed if the finding of fact is supported by substantial credible evidence in the record. Hammett v. Woods, 602 So.2d 825, 827 (Miss.1992) (citing Clark v. Myrick, 523 So.2d 79, 80 (Miss.1988)). "This Court will not disturb those findings, unless manifestly wrong, clearly erroneous, or an erroneous legal standard was applied." Faries v. Faries, 607 So.2d 1204, 1208 (Miss.1992) (citing Hill v. Southeastern Floor Covering Co., 596 So.2d 874, 877 (Miss.1992)).

Doug contends that since Mississippi continues to adhere to a "title theory" for property distribution in divorce cases, the lower court was not permitted to transfer property held in one party's name to that of another. The marital home and adjoining lot are jointly-owned by Doug and Joan. The retirement funds at issue were only in Doug's name.

It is well-established by this Court that the chancery court has the authority to order an equitable division of property that was accumulated through the joint efforts and contributions of the parties. Brown v. Brown, 574 So.2d 688, 690 (Miss.1990). However, there is no automatic right to an equal division of jointly-accumulated property, but rather, the division is left to the discretion of the court. Id. at 691.

While it is a general rule of law that the chancery court cannot divest a spouse of title to property, ² thereby forcing that spouse to deed such property to the other spouse, it is not an absolute rule. Watts v. Watts, 466 So.2d 889, 890 (Miss.1985) (citing McCraney v. McCraney, 208 Miss. 105, 43 So.2d 872 (1950)). See also Jones v. Jones, 532 So.2d 574, 580 (Miss.1988) ("Watts and its progeny have broadened the chancery court's authority to effect an equitable distribution of jointly accumulated property...."). This Court has carved out exceptions to this general rule. Such an award can be made where it has been agreed to by the parties, or where the property has been acquired by the joint efforts of the parties. Watts, 466 So.2d at 890-891. This Court in Jones, 532 So.2d at 580, summarized the authority of the chancery courts in effecting an equitable distribution of marital property upon the dissolution of a marriage:

(1) A divorcing spouse who has assisted his wife or her husband in the accumulation of wealth during the marriage as reflected by an increase in net worth may be awarded lump-sum alimony reflecting an equitable portion of the increase. [Citations omitted].

(2) The payment of the lump-sum award may be secured by placing an equitable lien upon the property of the debtor spouse. [Citations omitted].

(3) Claims for property distribution incident to divorce may be agreed to by the parties in a property settlement. These agreements may be specifically enforced by the chancellor even to the extent of ordering the conveyance of realty from one spouse to the other. [Citations omitted].

(4) A spouse who has made a material contribution toward the acquisition of property which is titled in the name of the other may claim an equitable interest in such jointly accumulated property incident to a divorce proceeding. [Citations omitted].

Id. Moreover, Justice Prather...