Pickens v. Pickens, 56119
| Decision Date | 04 June 1986 |
| Docket Number | No. 56119,56119 |
| Parties | Robert Ellis PICKENS v. Norma Jean PICKENS. |
| Court | Mississippi Supreme Court |
Gary L. Carnathan, Carnathan, Malski & Ford, Tupelo, for appellant.
Thomas M. McElroy, Mounce, McElroy & Cork, Tupelo, for appellee.
Before ROY NOBLE LEE, P.J., and DAN M. LEE and ROBERTSON, JJ.
I.
In an arguably unique factual setting we are asked this day to consider whether, upon the breakup of a couple which has lived together for many years without benefit of marriage, a chancery court may order a division of property by reference to the economic contributions the two parties have made to the accumulation of that property. Because we afford common law marriages no recognition, there is in our law no authority to award alimony in any such setting. On the other hand, by analogy to the dissolution of a common law partnership, our law requires an equitable distribution of assets upon breakup.
As will be explained presently, the chancellor correctly understood the controlling principles of law and applied those to factual findings which withstand challenge under our substantial evidence rule. We affirm.
II.
Norma Jean Pickens and Robert Ellis Pickens were married on January 9, 1948. Five children were born of this marriage. By decree of the Chancery Court of Monroe County, Mississippi, entered September 25, 1962, Robert Ellis and Norma Jean were divorced.
At some point in 1963, approximately a year after the divorce, Robert Ellis and Norma Jean began living with each other again. The parties discussed remarriage and even went so far as to apply for a license. The remarriage never took place because Robert Ellis did not want to take the legally required blood test. Notwithstanding, the parties maintained a stable family relationship for the next twenty years, which included the birth of two additional children. More important for present purposes, the parties accumulated various items of real and personal property, modest in value.
In August of 1983, Robert Ellis retired from his job with Purnell Pride in Tupelo and substantially contemporaneous therewith, he and Norma Jean permanently separated.
On October 17, 1983, Norma Jean Pickens commenced the present proceedings by filing in the Chancery Court of Lee County, Mississippi, her complaint demanding, inter alia, "an equitable division of the property accumulated during the time they lived together". In due course the case came on for trial at the conclusion of which the chancellor announced the following findings:
During the year 1962 they were divorced by decree of this Court, and they remained separate and apart for approximately one year, until the year 1963 when by mutual agreement they began to live together and have cohabitated from that time until their separation during the year 1983.
It is admitted by both that they held themselves out to the community as being married, and in all respects, save and except only the marriage ceremony, have conducted themselves as husband and wife. Their two youngest children were born during this time.
* * *
At the time of separation there was on hand some $19,000.00 in Certificates of Deposit mostly in the name of Robert Ellis Pickens; and one of the other children, but in the one case in the name of Mr. Pickens jointly with Norma Jean Pickens.
In addition to these funds there was a house and lot which had been occupied as a home for the two of them and their children, which is and always has been in the name of Robert Ellis Pickens and not in the name of Norma Jean Pickens.
During most of this twenty year period, except only a short time following the birth of two of the children, Norma Jean Pickens worked at local factories, Robert Ellis Pickens worked at Purnell's.
It appears that they both were hard workers, diligent workers. It appears, and I now find, that both contributed substantially to the care, and maintenance of the family and themselves.
Robert Ellis Pickens earned more dollars than Norma Jean Pickens, but even so, she did the housework, and in my judgment the two of them were equal in their contributions to the ongoing of the family and the accumulation of the portion of the property now owned.
It is true that Robert Ellis Pickens received by inheritance from his parents a parcel of land which was converted into $7,500.00 cash. In addition, he received some $3,200.00 for injuries received by him in an automobile accident.
And he received certain other funds by way of lump sum retirement benefits upon his retirement from Purnell's, and certain Social Security lump sum payments.
* * *
The furniture and furnishings of the house are to be divided as nearly as possible on an equal basis. I will allow the parties one final effort to make that division, and failing that, will make it myself as best I can.
The more weighty matters than the ones that have caused some perplexity, and considerable study, involved the equitable distribution of the remaining property.
I have said that with the exception of certain designated portions coming from inheritance and otherwise, their interest in my opinion is equal.
There has been some appreciation in the value of the house without question. There has been some contribution to the value of the house by work and purchase by Norma Jean Pickens.
This is my opinion about (1) the Certificates as follows: One-half the amount of the Certificates results from matters beyond the earnings of Norma Jean Pickens, so that one-half is set over to Mr. Robert Ellis Pickens, with the balance then to be divided equally between the two of them.
The house is said to be worth, by Mr. Robert Ellis Pickens, $20,000.00. By virtue of his inheritance he is entitled to equity of $8,000.00 in the house, and the remaining value being $12,000.00 is to be divided equally between Norma Jean Pickens and Robert Ellis Pickens.
Mr. Pickens has testified that he on several occasions offered Norma Jean Pickens the '78 Ford LTD, and I now direct that he deliver this automobile to her.
A lien is hereby impressed against the Certificates of Deposit until the amounts of money due Mrs. Pickens under the Decree of this Court be delivered unto her.
The cost of this proceeding are taxed against Robert Ellis Pickens....
* * *
It having been announced that the parties are unable to reach an agreement as to the division of the personal property I now supplement my earlier Opinion to deal with those items that appear on Exhibit "A". [The chancellor then proceeded to distribute the items so listed.]
On May 17, 1984, the Chancery Court entered its final judgment implementing and carrying into effect the aforesaid findings of fact and conclusions of law. From that judgment, Robert Ellis Pickens has appealed to this Court where the matter is now ripe for review.
III.
Robert Ellis Pickens presents a single assignment of error:
The lower court erred in the division of the property between the Appellant and Appellee.
As is apparent from the brief filed on his behalf, however, Robert Ellis challenges both the legal principles according to which the chancellor decided the case as well as the factual findings to which those principles have been applied.
We begin with the undisputed: that the legal relationship of husband and wife may be created only in conformity with the procedures authorized by the statute law of this state. Miss.Code Ann. Secs. 93-1-1, et seq. (1972 and Supp.1985). Cohabitation which had not ripened into a common law marriage prior to April 5, 1956, is wholly ineffective to vest marital rights in either party thereto. Miss.Code Ann. Sec. 93-1-15 (1972). In consequence of this law, we have held that a woman may not inherit from a man with whom she has lived under what prior to 1956 would have been recognized as a common law marriage, In Re Estate of Alexander, 445 So.2d 836 (Miss.1984), nor may such a woman claim and receive workers' compensation benefits as a dependent widow. Dale Polk Construction Company v. White, 287 So.2d 278 (Miss.1973).
Notwithstanding, upon permanent separation, our law authorizes and sanctions an equitable division of property accumulated by two persons as a result of their joint efforts. This would be the case were a common law business partnership breaking up. It is equally the case where a man and woman, who have accumulated property in the course of a non-marital cohabitation, permanently separate.
Chrismond v....
To continue reading
Request your trial
-
Retzer v. Retzer
...jointly accumulated personal property acquired during the marriage." See also Schilling v. Schilling, 452 So.2d 834, and Pickens v. Pickens, 490 So.2d 872 [ (Miss.1986) ]. In further dealing with this subject the Court in Regan v. Regan, 507 So.2d 54 ( [Miss.]1987) said: "Incident to a divo......
-
Williams v. Mason, 07-58847
...or both, a party having no legal title nevertheless acquires rights to an equitable share enforceable at law. Pickens v. Pickens, 490 So.2d 872, 875-76 (Miss.1986); Taylor v. Taylor, 317 So.2d 422, 423 (Miss.1975); Chrismond v. Chrismond, 211 Miss. 746, 52 So.2d 624, 629 The Chancery Court ......
-
Goode v. Goode
...through the joint efforts of unmarried cohabitants. See, e.g., Eaton v. Johnston, 235 Kan. 323, 681 P.2d 606 (1984); Pickens v. Pickens, 490 So.2d 872 (Miss.1986). This Court spoke to the presence of equitable principles in the marital context in LaRue v. LaRue, 172 W.Va. 158, 304 S.E.2d 31......
-
Cates v. Swain
...374 (¶¶ 7–10) (Miss.Ct.App.2010); Wooldridge v. Wooldridge, 856 So.2d 446, 452 (¶ 17) (Miss.Ct.App.2003); see also Pickens v. Pickens, 490 So.2d 872, 875–76 (Miss.1986); Taylor v. Taylor, 317 So.2d 422, 423 (Miss.1975); Chrismond v. Chrismond, 211 Miss. 746, 757, 52 So.2d 624, 629 (1951). A......