Waits v. Waits

• Court: Supreme Court of Kentucky
• Citation: Waits v. Waits, 277 S.W.2d 5 (Ky. 1955)
• Decision Date: 25 March 1955
• Parties: Mary WAITS, Appellant, v. Robert O. WAITS, Appellee.

Page 5

277 S.W.2d 5

Mary WAITS, Appellant, v. Robert O. WAITS, Appellee.

Court of Appeals of Kentucky.

March 25, 1955.

D. E. Wooldridge, LaGrange, for appellant.

James A. Hall, LaGrange, for appellee.

WADDILL, Commissioner.

On April 17, 1953, Robert Waits sued Mary Waits for divorce on the ground of cruel and inhuman treatment. He also asked for a restoration of his property under KRS 403.060(2). Mrs. Waits filed an answer denying the averments of the petition, and by counterclaim sought maintenance, alimony, and a settlement of all their property rights. The Chancellor granted a divorce to Mr. Waits; awarded Mrs. Waits alimony in the sum of $500; and settled their property rights in the manner hereinafter related. Mrs. Waits has appealed and complains that the allowance of alimony is inadequate, and also that the Chancellor erred in adjusting their property rights. Mr. Waits has cross-appealed claiming that the Chancellor erred in awarding Mrs. Waits alimony.

At the time of their marriage in 1925, neither of these parties owned any property. By 1943, they had reared six children, and had saved $750 from Mr. Waits' earnings, which they applied on the purchase price of a house they bought for $1,750.

Their domestic trouble began shortly after Mr. Waits accepted a position with the City of LaGrange as a police officer in October, 1952. It would serve no useful purpose to detail the evidence concerning the unpleasant relations these parties have undergone in an attempt to live together, but it is sufficient to say that although there was no charge of moral delinquency on the part of Mrs. Waits, the evidence was ample to support the Chancellor's decree granting Mr. Waits a divorce.

The house and lot was purchased by Mr. Waits in 1943 for the sum of $1,750. He made an initial payment of $750 and borrowed $1,000 from a bank which remains unpaid. The property was deeded jointly to Mr. and Mrs. Waits, with a survivorship clause.

The Chancellor found that Mr. Waits had paid the consideration for the house and adjudged it to him as required by KRS 403.060(2). It is urged by Mrs. Waits that this was error since she had faithfully performed her duties as a housewife and had thereby helped save the money that was paid on the purchase of the property. The facts in Duke v. Duke 198 Ky. 173, 248 S.W. 500, are very similar to the facts in this case, and in that case the court ordered a restoration of the realty to the husband. We think that case is controlling here. Also, see: Eckhoff v. Eckhoff, Ky., 247 S.W.2d 374; Noel v. Noel, 307 Ky. 122, 210 S.W.2d 137.

Mrs. Waits contends that the allowance of alimony in the sum of $500 is wholly inadequate. The evidence shows that Mr. Waits receives a monthly salary of $160. The only real estate he owns is the house he purchased in 1943, which is now valued at $4,500. He owns an automobile which he uses in performing his duties as a policeman. His debts consist of $1,000 which was used to finance the purchase of his home. He must pay the cost of this litigation which will exceed $700 and a fee to his attorney. Mrs. Waits is presently employed...