Flory v. Flory

Decision Date22 February 2016
Docket NumberNo. S15F1331.,S15F1331.
Citation783 S.E.2d 122,298 Ga. 525
Parties FLORY v. FLORY.
CourtGeorgia Supreme Court

Shawna M. Woods, The Siemon Law Firm, P.C., Cumming, for appellant.

Bill M. Mohr, Atlanta, for appellee.

HUNSTEIN, Justice.

Pursuant to Supreme Court Rule 34(4), we granted the application for discretionary appeal filed by Appellant Peter John Flory ("Husband") seeking leave to challenge the final judgment and decree effectuating his divorce from Appellee Lucie Wheeler Flory ("Wife"). Husband contends that the trial court erroneously awarded Wife certain assets as separate, non-marital property. We agree that the trial court erred in its division of property, and we therefore reverse and remand.

The parties were married in November 1993, and Wife filed her complaint for divorce in November 2013. During a subsequent bench trial, Husband and Wife each claimed that certain assets should be classified as separate, non-marital property. Among other things, Wife sought to recoup the value of certain stocks, which she owned prior to the marriage, that were liquidated for the purpose of purchasing a marital residence, while Husband sought credit for funds advanced by his mother that were used to make improvements on that residence. The trial court acquiesced to the respective parties' classification of the property on the basis that equity dictated such an outcome. Relying on the maxim that "[h]e who would have equity must do equity and must give effect to all equitable rights of the other party respecting the subject matter of the action," the trial court reasoned that Husband and Wife's respective claims to separate property were "on equal footing" and, thus, could all be similarly granted. The parties agree on appeal that the trial court's reliance on the above-quoted maxim was misplaced.

In order to equitably divide marital property, the trial court must first classify the disputed property as either marital or non-marital. See Thomas v. Thomas, 259 Ga. 73, 75, 377 S.E.2d 666 (1989). "Whether an item of property can legally constitute a marital asset is a question of law for the court, and whether a particular item of property actually constitutes a marital asset may be a question of fact for the trier of fact to determine from the evidence." Jones–Shaw v. Shaw, 291 Ga. 252, 252–253(1), 728 S.E.2d 646 (2012) (emphasis in original). "[O]nly the real and personal property and assets acquired by the parties during marriage is subject to equitable property division." Moore v. Moore, 249 Ga. 27, 28(2), 287 S.E.2d 185 (1982). Property that once may have been separate—such as gifts, inheritances, or pre-marital property—may be converted into a marital asset if a spouse takes action manifesting an intent to transform that separate asset into marital property. See Shaw v. Shaw, 290 Ga. 354(1), 720 S.E.2d 614 (2012) (investment accounts established with inherited funds transformed into marital property when husband gave wife ownership interest in the accounts); Coe v. Coe, 285 Ga. 863(1), 684 S.E.2d 598 (2009) (residence purchased with money awarded to husband from personal injury action could be deemed marital property where it was purchased during the course of the marriage and deeded in the names of both spouses). A spousal gift of non-marital property to the marital unit transforms the separate property into marital property and makes it subject to equitable division. Lerch v. Lerch, 278 Ga. 885(1), 608...

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5 cases
  • Williams v. Williams
    • United States
    • Georgia Court of Appeals
    • March 2, 2022
    ...property on an equitable basis, the trial court must first classify the property as either marital or non-marital. Flory v. Flory , 298 Ga. 525, 526, 783 S.E.2d 122 (2016) ; Thomas v. Thomas , 259 Ga. 73, 75, 377 S.E.2d 666 (1989). Here, in awarding all of the travel points to the Wife, the......
  • Phillips v. Phillips
    • United States
    • Georgia Court of Appeals
    • October 4, 2018
    ...dividing the marital property equitably." Hammond v. Hammond , 282 Ga. 456, 458 (4), 651 S.E.2d 95 (2007). See also Flory v. Flory , 298 Ga. 525, 526, 783 S.E.2d 122 (2016) ("Property that once may have been separate—such as gifts, inheritances, or pre-marital property—may be converted into......
  • Calloway-Spencer v. Spencer
    • United States
    • Georgia Court of Appeals
    • June 23, 2020
    ...time."22 Judgment affirmed in part and reversed in part, and case remanded. Markle and Colvin, JJ., concur.1 Flory v. Flory , 298 Ga. 525, 526, 783 S.E.2d 122 (2016) (citation, punctuation and emphasis omitted).2 Shaw v. Shaw , 290 Ga. 354, 354 (1), 720 S.E.2d 614 (2012) (citations and punc......
  • Kellam v. State, S15A1913.
    • United States
    • Georgia Supreme Court
    • February 22, 2016
  • Request a trial to view additional results
1 books & journal articles
  • Domestic Relations
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 68-1, September 2016
    • Invalid date
    ...334 Ga. App. at 881, 780 S.E.2d at 706 (quoting O.C.G.A. § 19-9-84(a)).40. Id. at 882, 884, 780 S.E.2d at 706, 708.41. Flory v. Flory, 298 Ga. 525, 783 S.E.2d 122 (2016); Horton v. Horton, 299 Ga. 46, 785 S.E.2d 891 (2016); Mallard v. Mallard, 297 Ga. 274, 773 S.E.2d 274 (2015).42. Maddox v......

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