Favri v. Favri

• Citation: 2022 Ohio 2063
• Decision Date: 16 June 2022
• Docket Number: 22 CA 0955
• Parties: YVONNE E. FAVRI, Plaintiff-Appellant, v. DAVID E. FAVRI, Defendant-Appellee.
• Court: United States Court of Appeals (Ohio)

2022-Ohio-2063

YVONNE E. FAVRI, Plaintiff-Appellant, v. DAVID E. FAVRI, Defendant-Appellee.

No. 22 CA 0955

Court of Appeals of Ohio, Seventh District, Carroll

June 16, 2022

Civil Appeal from the Carroll County Court of Common Pleas Domestic Relations Division of Carroll County, Ohio Case No 19 DRB 29317

JUDGMENT Affirmed.

Atty Jeffrey V. Hawkins, Slater & Zurz, LLP, for Plaintiff-Appellant and

Atty. Maureen E. Stoneman, for Defendant-Appellee.

BEFORE: Carol Ann Robb, Cheryl L. Waite, David A. D'Apolito, Judges.

OPINION AND JUDGMENT ENTRY

Robb, J.

{¶1} This is the second time this case has been before this court. In Favri v. Favri, 7th Dist. Carroll No. 20 CA 0945, 2021 -Ohio-3588, we affirmed in part and reversed and remanded in part to the Carroll County Court of Common Pleas, Domestic Relations Division. We remanded on a singular issue and directed the trial court to fully assess whether a certain property became marital property subject to equitable division. Id.

{¶2} On remand, the trial court found the property was the separate property of Appellee, David E. Favri. (December 15, 2021 Judgment Entry.) Appellant, Yvonne E. Favri, appeals that decision and argues the trial court's conclusion that the property was the separate property of Appellee is against the manifest weight of the evidence and an abuse of discretion. For the following reasons, we affirm.

Statement of the Case

{¶3} Appellant filed for divorce in May of 2019. The parties resolved most issues, but the trial court conducted a bench trial over a few contested matters in August of 2020. One of these issues was whether the home referred to as the Canton Road property was the separate property of Appellee or marital property subject to equitable division.

{¶4} The court, via its September 16, 2020 divorce decree, found the Canton Road property was the separate property of Appellee since his mother gifted it solely to him during the parties' marriage. Appellee and his mother, Shirley Favri Thompson, testified at trial that she gave the property only to him, which was supported by the fact that the deed was in his name only. Shirley testified that the Canton Road property had been owned by her family for years and that she gave it to Appellee as an advance on his inheritance after she suffered a stroke. (Tr. 180-181.) Appellee testified that the Canton Road property has been in his family since 1949 and that his mother gave it to him in May of 2018. He never transferred it to Appellant. (Tr. 54-55.)

{¶5} Appellant, on the other hand, testified that the property was intended to be a gift to both her and Appellee and that Appellee had tricked her by never putting the property in her name. (Tr. 25-27.)

{¶6} In the parties' first appeal, we upheld the trial court's finding it was gifted solely to Appellee. But Appellant also argued that the property became a marital asset after Shirley gifted it to Appellee based on the fact that Appellee used the parties' marital funds to make substantial improvements to the home and because the parties took out a joint equity line of credit on the property, which was in both parties' names. Upon review, we found that the trial court had not sufficiently analyzed whether the Canton Road property was transformed into a marital asset (after it was gifted to Appellee) in light of the evidence presented at trial, and as such, we reversed and remanded on this issue. Favri I, supra. We directed the trial court "to consider relevant evidence as to whether a real estate parcel called the Canton Road property was actually marital property." Id.

{¶7} On remand, the court directed the parties to file competing briefs addressing the remanded issue. In Appellant's brief, she urged the court to find that the Canton Road property became marital property since the parties' marital funds were used to renovate and improve it and because the property was used to secure a joint line of credit in both parties' names.^[1] No additional evidence was submitted on remand, and neither party requested an additional evidentiary hearing.

{¶8} The court subsequently issued its December 15, 2021 judgment finding the property is Appellee's separate asset, concluding in part:

1. Defendant owns one parcel of real estate, located at 2294 Canton Road, Carrollton, Ohio 44615. This real estate has been owned by Defendant's family since 1949. This parcel of real estate was a gift from Defendant's mother which was an advance on his inheritance, and is thereby Defendant's separate property.

2. Defendant's mother transferred this property to Defendant on May 18, 2018.

3. The Canton Road property is valued at $195, 000.00.

4. The parties took out a joint equity line that was secured by a mortgage on the Canton Road property in November 2018. The balance owed on that equity line is $28, 659.91.

5. The home equity line was used to pay off a motorcycle and a credit card, both of which were marital. The home equity line was not used to pay for household expenses or improvements to the property.

6. Plaintiff filed for divorce on May 31, 2019 and listed the date of separation on her Affidavit of Income and Expenses as April 26, 2019.

7. Defendant paid the equity line payments following separation of the parties.

8. Because Plaintiff lived in the home for such a short period of time prior to separation, only a small amount of marital funds were used to pay expenses related to the real estate, such as property insurance, property taxes, and the home equity line. As such, the Court finds that the separate property nature of the real estate was not subsumed by marital property.

9. At no time did Defendant add Plaintiff to the Deed of the property.

10. At no time did Defendant intend to give Plaintiff an ownership interest in 2294 Canton Road, Carrollton, Ohio 44615.

11. Because donative intent is not present, Defendant did not gift 2294 Canton Road, Carrollton, Ohio 44615 to Plaintiff at any point during the marriage and, therefore, the property remained Defendant's separate property at the time of the divorce.

* * *

Based upon the above Findings of Fact, as well as all of the evidence and testimony presented at Trial and the entire record herein, it is therefore,

ORDERED, ADJUDGED and DECREED that Defendant shall retain the real estate located at 2294 Canton Road, Carrollton, Ohio 44615, free and clear of all claims of Plaintiff, said real estate being Defendant's separate property and Defendant never having converted said property to marital during the marriage.

(December 15, 2021 Judgment Entry.)

{¶9} Appellant appealed and raises two assignments of error.

Assignments of Error: Marital vs. Separate Property

{¶10} Appellant's first assignment contends:

"The Trial Court Erred and Abused its Discretion in its Analysis of the Remand Issued by the 7th District Court of Appeals, Case No.: 2020 CA 00945."

{¶11} Appellant's second assignment of error states:

"The Trial Court Erred in its Analysis of the Remand of the 7th District Court of Appeals, Case No.: 2020 CA 00945 as the Ruling was Against the Manifest Weight of the Evidence."

{¶12} Because her assignments of error are interrelated, we address them together. She argues the trial court abused its discretion in not deeming the Canton Road property a marital asset because it was improved with the parties' marital funds. She claims that Appellee used the money from the sale of their prior marital home, referred to as the Chase Road property, to make improvements to the Canton Road property. She also alleges that the fact that the Canton Road property was used to secure an equity line of credit for $30, 000 in both parties' names shows it is a marital asset. Last, she claims that because the court's decision on remand is against the manifest weight of the evidence, we should enter judgment declaring the Canton Road property a marital property subject to equitable division pursuant to App.R. 12(C).

{¶13} As stated, we previously considered argumentation as to whether the Canton Road property was gifted solely to Appellee and held the court's decision in this regard was supported by clear and convincing evidence. Favri, supra, at ¶ 4. We found the court's decision lacking any analysis of whether the separate property thereafter became a marital property. Id.

{¶14} Trial courts have broad discretion when determining property awards in divorce cases. Berish v. Berish, 69 Ohio St.2d 318, 319, 432 N.E.2d 183 (1982). And reviewing courts should not substitute its judgment for the trial court absent a showing that the court's decision is unreasonable, arbitrary, or unconscionable. Bisker v. Bisker, 69 Ohio St.3d 608, 609, 635 N.E.2d 308 (1994). "If there is some competent, credible evidence to support the trial court's decision, there is no abuse of discretion." Middendorf v. Middendorf, 82 Ohio St.3d 397, 401, 696 N.E.2d 575 (1998).

{¶15} Thus, we must affirm the trial court's judgment if it is "supported by some competent, credible evidence going to all the essential elements * * *." Id. When determining whether competent, credible evidence exists, "[a] reviewing court should be guided by a presumption that the findings of a trial court are correct, since the trial judge is best able to view the witnesses and observe their demeanor, gestures, and voice inflections, and use those observations in weighing the credibility of the testimony." Barkley v. Barkley, 119 Ohio App.3d 155, 159, 694 N.E.2d 989 (1997), citing In re Jane Doe I, 57 Ohio St.3d 135, 566 N.E.2d 1181 (1991).

{¶16} R.C. 3105.171 governs the division of marital and separate property in divorce proceedings, and R.C. 3105.171(C)(1) requires courts to divide marital property equally, except in certain limited circumstances. A trial court...