Robin Chastity Jordan v. Howard Ray Jordan, III
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IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2005-CA-01834-COA
ROBIN CHASTITY JORDAN
APPELLANT
v.
HOWARD RAY JORDAN, III
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEYS FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
8/18/2005
HON. JOHNNY LEE WILLIAMS
PERRY COUNTY CHANCERY COURT
WILLIAM R. WRIGHT
W. BENTON GREGG
JAMES R. HAYDEN
CIVIL - CUSTODY
CHANCELLOR AWARDED PHYSICAL
CUSTODY OF CHILDREN TO FATHER,
AWARDED MOTHER VISITATION, AND
DIVIDED THE PARTIES’ ASSETS.
AFFIRMED - 8/14/2007
BEFORE LEE, P.J., BARNES AND CARLTON, JJ.
BARNES, J., FOR THE COURT:
¶1.
This case comes on appeal from the order of the Perry County Chancery Court, granting joint
legal custody to Howard Ray Jordan (Ray) and Robin Chastity Jordan (Robin) of their three minor
children, with sole physical custody to Ray, and denying Robin’s claim of right to the marital home.
After thorough review of the record, we affirm the judgment of the chancery court.
SUMMARY OF FACTS AND PROCEDURAL HISTORY
¶2.
Howard Ray Jordan and Robin Chastity Jordan were married on September 17, 1994. During
their first years of marriage, Ray and Robin lived in a mobile home on a tract of land that Ray’s
parents owned. Ray and Robin later began to build a home on the property with Ray’s parents, Ray
Sr. and Linda Jordan, providing funding to purchase the building materials for the house. On
December 27, 2002, Ray’s parents deeded the parcel of land to him via warranty deed. This deed
was subject to a reversionary interest in the grantors (Ray’s parents) should Ray ever convey the
property, mortgage the property or grant a security interest through a deed of trust, or file, or have
served upon him, a divorce proceeding. Ray and Robin lived together as husband and wife until
June 11, 2004, when they separated. Ray and Robin have three children: Caden R. Jordan (Caden),
born on September 12, 1995; Chastity Shae Jordan (Chastity), born on September 16, 1998; and
Summer R. Jordan (Summer), born on June 7, 2000.
¶3.
On June 11, 2004, Ray filed a complaint for divorce against Robin in Perry County Chancery
Court. The chancellor issued an order June 30, 2004, awarding temporary custody of their three
minor children to Ray until the trial. Robin filed an answer to the complaint and later submitted a
motion to set aside the temporary order. At the trial, held August 2, 2005, the chancery court
awarded sole physical custody of the three minor children to Ray, while both Ray and Robin retained
joint legal custody. In addition, the chancellor awarded Ray the entirety of the marital home. From
the judgment, Robin now appeals asserting that she should have been awarded sole physical custody
of their three minor children and she should have been granted a financial interest in the marital
home.
STANDARD OF REVIEW
¶4.
Our scope of review in domestic relations matters is limited by the substantial
evidence/manifest error rule. Mizell v. Mizell, 708 So. 2d 55, 59 (¶12) (Miss. 1998) (citing Stevison
v. Woods, 560 So. 2d 176, 180 (Miss. 1990)). “This Court will not disturb the findings of a
chancellor unless the chancellor was manifestly wrong, clearly erroneous or an erroneous legal
2
standard was applied.” Bell v. Parker, 563 So. 2d 594, 596-97 (Miss. 1990). This Court is required
to respect the findings of fact made by a chancellor which are supported by credible evidence and
not manifestly wrong. Newsom v. Newsom, 557 So. 2d 511, 514 (Miss. 1990). This is particularly
true “in the areas of divorce and child support.” Mizell, 708 So. 2d at 59 (¶13) (quoting Nichols v.
Tedder, 547 So. 2d 766, 781 (Miss. 1989)).
I. WHETHER THE CHANCERY COURT ERRED IN AWARDING SOLE
PHYSICAL CUSTODY OF THE THREE CHILDREN TO RAY JORDAN
BASED ON THE COURT’S ANALYSIS OF THE ALBRIGHT FACTORS.
¶5.
In determining the issue of child custody, the chancellor used twelve factors set forth in
Albright v. Albright, 437 So. 2d 1003, 1005 (Miss. 1983), which states,
[T]he polestar consideration in child custody cases is the best interest and welfare of
the child. The age of the child is subordinated to that rule and is but one factor to be
considered. Age should carry no greater weight than other factors to be considered,
such as: health, and sex of the child; a determination of the parent that has had the
continuity of care prior to the separation; which has the best parenting skills and
which has the willingness and capacity to provide primary child care; the
employment of the parent and responsibilities of that employment; physical and
mental health and age of the parents; emotional ties of parent and child; moral fitness
of parents; the home, school and community record of the child; the preference of the
child at the age sufficient to express a preference by law; stability of home
environment and employment of each parent, and other factors relevant to the parentchild relationship.
Id. Of the twelve factors, the chancellor in this case found four factors to be neutral, one to be
inapplicable, one in favor of Robin (continuity of care) and the remaining six factors to favor Ray.
Unless a chancellor “improperly considers and applies” the factors in Albright, an appellate court
will not disturb the chancery court’s findings. Hollon v. Hollon, 784 So. 2d 943, 946 (¶11) (Miss.
2001). We will review each factor in this appeal and the chancellor’s analysis of these factors.
I. Age, health and sex of the child.
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¶6.
Robin and Ray have three children: Caden, a male, ten years of age at the time of trial;
Chastity, a female, six years of age; and Summer, a female, five years of age. The chancellor favored
neither parent on this factor. Robin maintains that one reason this factor should have favored her
was Caden’s diagnosis of attention-deficit disorder. In her testimony at trial, Robin stated that she
took care of Caden’s doctor visits and medicine but Ray had not agreed with Caden’s diagnosis and
medical care, insinuating Ray was not meeting Caden’s healthcare needs. However, Robin made
no specific assertions at trial that Ray was not giving Caden his medication for his disorder, so we
find no error on the chancellor’s findings of fact.
¶7.
Secondly, Robin says this factor should favor her since her youngest child, Summer, who had
just turned five years old at the time of the trial, was of “tender years.” Citing Hollon and Sobieske
v. Preslar, 755 So. 2d 410, 413 (¶10) (Miss. 2000), Robin argues that the chancellor abused his
discretion in finding that this factor favored neither parent since there is a presumption in Mississippi
that a mother is generally better suited to raise a child of tender years. The Sobieske court also
stated, however, that this presumption has been significantly weakened. Id. Today, the age of a
child is merely one of the many factors that the court considers in determining the best interests of
the child. Albright, 437 So. 2d at 1005. What actually constitutes a child of tender years, however,
has not been clearly defined in the courts. “[A] child is no longer of tender years when that child can
be equally cared for by persons other than the mother.” Mercier v. Mercier, 717 So. 2d 304, 307
(¶15) (Miss. 1998). In Lee v. Lee, 798 So. 2d 1284, 1289 (¶18) (Miss. 2001), the court stated that
a child over four years may not be subject to the “tender years” doctrine. Although Summer was
barely five, it was likely she was eligible to begin pre-school, indicating she was of an age where she
could be cared for by someone other than her mother. Even though the lower court did not give a
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thorough explanation of its analysis of this particular factor, we find no error based on the evidence
given.
ii. Continuity of Care
¶8.
The lower court favored Robin on this factor. Therefore, Robin brings no issue as to this
factor.
iii. Parenting skills
¶9.
The chancery court ruled in favor of Ray on this factor citing testimony from witnesses that
Robin was not a good housekeeper and she was “a moody, short-tempered and aggressive person
who lacked patience.” Robin argues that the chancellor ignored testimony regarding her significant
contributions to the children’s educational, medical and social needs. Specifically, she again points
to Caden’s learning disability and Ray’s reluctance in the treatment of the condition. The evidence
showed, however, that Ray was willing to help Caden, going so far as to take him to a tutor for his
schoolwork.
¶10.
The chancellor commented that Robin’s housekeeping was evidence that she was
“delinquent” in her duties as a parent. Although the testimony at trial showed that Robin did not
necessarily keep her house in pristine condition, it presented no evidence that the family lived in
unhealthy conditions. Unfolded laundry and toys strewn on the floor are insufficient grounds to label
someone an unfit parent. Even Ray’s mother, Linda, testified that she did not think Robin’s lax
housekeeping skills made her an unfit mother.
¶11.
On this same factor, Robin also points to testimony that Ray also exhibited aggressive
behavior, which included verbal abuse directed towards her, in front of the children. We find that
the testimony presented several instances of aggression on the part of both Ray and Robin. Robin
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was occasionally short-tempered with her children, and Ray was sometimes demanding and aloof,
preferring to spend time in his shop.
¶12.
Although Robin’s lack of housekeeping skills may have been given too much weight by the
chancery court, we do not agree that this factor necessarily favors Robin in any respect. Thus, we
find no error in the chancellor’s analysis of the facts on this issue.
iv. Willingness and capacity to provide primary care
¶13.
The chancery court found that this factor favored Ray although both parents expressed the
desire and willingness to provide primary care for their children. The chancellor based his findings
on the fact that Ray has a full-time job with the family-owned plumbing business, which provided
more flexibility as to his work hours, and a nicer home (the marital home). Robin, on the other hand,
had a two-bedroom apartment and a part-time job.
¶14.
Robin also asserts the chancellor’s discussion regarding Ray’s employment was out of place
in the determination of this factor. We disagree, as employment can be evidence of a parent’s
capacity to provide care for his or her children. However, “[t]his Court is not aware of any authority
for the proposition that the parent earning a greater income is entitled to some preference in a
custody dispute based solely on that consideration.” Johnson v. Johnson, 872 So. 2d 92, 95 (¶12)
(Miss. Ct. App. 2004). Robin reasons that, although Ray has a better job, she has the capacity to care
for the children as she has done since they were born. Ray, however, testified that he was the one
who bathed and fed the children the majority of the time.
¶15.
Robin notes that the fact Ray has the larger home should not be a factor as the chancellor had
not even ruled on who actually owned the home. We find that argument, while factually true, not
persuasive. Whether Ray or his parents own the home, it was apparent that Ray would continue to
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live there despite the outcome. At the time of trial, Robin resided in a small apartment which was
obviously less suitable than what Ray could provide.
¶16.
While we understand Robin had more time to spend with her children, it does not outweigh
Ray’s superior capacity to support his children financially. The chancellor correctly found that Ray’s
flexible work schedule and unlimited family support favored Ray in this area.
v. Employment of the parents and responsibilities of employment.
¶17.
The chancellor found this fact to be neutral and favored neither party. Robin states this
should have been a factor in her favor since she has more time to spend with the children as she only
has a part-time job, even though she expects to search for full-time employment in the future. She
argues that Ray’s job only means that his mother will take care of the children. However, the
chancellor correctly applied the facts to the standard here. Ray’s financial stability and flexibility
at his job was balanced against Robin’s ability to spend more time with the children due to her parttime job. Therefore, we find no error in this analysis.
vi. The physical and mental health and age of the parents
¶18.
Although Ray was favored on this factor, Robin does not challenge the chancellor’s finding.
vii. The emotional ties of parent and child
¶19.
This factor was found to be neutral, and Robin does not challenge this finding.
viii. Moral fitness of the parents.
¶20.
The chancellor found that this factor favored neither Ray or Robin. Both parties admitted
to having extra-marital affairs. The chancery court acknowledged that, although Robin smoked in
front of the children and occasionally went to bars, she did take them to church regularly. Robin
argues that this should have been a factor in her favor since it was noted that Ray had a regular
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drinking habit and rarely went to church. There was no testimony from either party, however, that
the children were exposed to any drunken behavior by either parent. Robin also asserts that Ray’s
denying her access to her children for three weeks was another factor that should disfavor him.1 Ray
testified that he was concerned about Robin’s leaving the state with the children and that he
overheard her say that she was “not going to let me see my kids.” He also noted that he did let the
children talk to her on the telephone during that period. Obviously, separations and divorces are very
emotional and painful for all parties, and it is clear, upon review of the record, that neither parent
exhibited exemplary behavior during this trying time. We find no error in the chancery court’s
finding that this factor favored neither party.
ix. Home, school and work record of the child.
¶21.
The chancellor favored Ray for this factor, basing his finding on the fact that Ray can keep
the children in the same school and home where they have always resided. Robin argues that the
court would not allow her an interest in the marital home; therefore, this argument is unfair. We
agree and find it unfair to ask a spouse to leave the marital home and then use that factor to also deny
him or her custody of the child. See Lee, 798 So. 2d at 1291 (¶28).
¶22.
There were, however, other facts the chancellor considered in his analysis under this factor.
The chancellor was concerned with Robin’s plan to take the children and move to Alabama. Robin
states that the chancellor’s statement was speculation and not supported by the evidence. While
Robin admitted she and her mother made plans to take the children to Alabama, she also testified
that she had no plans to move to Alabama on a permanent basis. Ray stated that he heard Robin
make specific plans to take the children and move to Thomasville, Alabama and that Robin was
1
Ray obtained a temporary injunction on June 21, 2004, to prevent Robin from leaving the
State of Mississippi with the children.
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trying to arrange a job transfer and rent a house there. Other evidence presented to support the
chancellor’s concern was the fact that Robin had relatives and a boyfriend in Alabama. However,
while Robin also had relatives and a part-time job in the local area, she did admit that she intended
to remove the children from their current school and enroll them in a neighboring school district.
¶23.
We find the chancellor’s analysis of the facts proper. Ray planned to keep the children in the
same home and school whereas Robin, even if she stayed in Mississippi, would still have to move
the children to smaller living quarters and a new school. Even though there was conflicting
testimony as to Robin’s intention to move to Alabama, we will not disturb the chancellor’s findings
of fact as they are not clearly erroneous.
x. The preference of the child at an age sufficient to express a preference by law.
¶24.
This factor was not applicable as all of the children were under twelve years of age.
xi. Stability of home environment.
¶25.
The chancellor favored Ray regarding this factor. The chancellor again stated that, with Ray,
the children would be able to remain in their home and school and stay close to their relatives. The
court determined that “[s]hould Robin retain custody, however, there is no guarantee that they will
live in adequate housing, they will be uprooted from their surroundings, and possibly be forced to
move to urban Alabama.” We agree with the chancellor that Ray would provide the children with
a more stable home environment.
¶26.
Robin makes the comment in her brief that Ray’s family is very “clannish.” We do not
necessarily find this to be a negative consideration. In Neville v. Neville, 734 So. 2d 352, 355 (¶10)
(Miss. Ct. App. 1999), we held that the presence of an extended family can contribute to the stability
of a child's life and is a legitimate factor that can give weight in a custody determination. In this
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case, the record reflects that the children’s life with Ray is more stable and well-rounded. They are
able to stay in the same school, play with cousins, ride horses and go on family vacations. We find
no error.
xii. Other relevant factors
¶27.
The chancellor said that Robin’s use of prescription medication indicated she may have
developed an addiction. He based this statement on records of doctor visits, number of prescriptions
and testimony by Ray that Robin would be sleeping when he got home and left the children
unattended. The chancellor also stated that Robin appeared to have a problem with stress which was
detrimental to her health. Robin has ulcerative colitis which she needs to treat occasionally. She
also admitted to taking anti-depressants but stated that she did not take them on a regular basis. It
does appear from the record that Robin’s doctor visits and prescriptions were excessive. Robin
noted in her brief that some of the records were medical visits of the children. While true, the
testimony at trial revealed that the majority of the drug records were Robin’s. Ray testified that “the
cabinet was full of different medications.” Ray, on the other hand, had no history of health issues
or depression. Based on the testimony and evidence presented at trial, we cannot find that the
chancellor erred regarding this factor.
¶28.
In conclusion, we do not find the chancellor’s analysis of the facts cumulatively caused any
overall substantial injustice towards Robin. None of the factors at issue on appeal favored Robin.
In child custody cases, the best interest of the child must be kept paramount. Powell v. Ayars, 792
So. 2d 240, 244 (¶11) (Miss. 2001); Sellers v. Sellers, 638 So. 2d 481, 485 (Miss. 1994). The
chancellor found that Ray was in a better position to serve the best interests of the three children.
We find no manifest error in this determination and affirm the chancery court’s judgment in
awarding sole physical custody to Ray.
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II. WHETHER THE CHANCERY COURT ERRED IN DENYING ROBIN AN
EQUITABLE INTEREST IN THE MARITAL HOME?
¶29.
Although Robin was awarded some marital assets,2 she argues that the chancellor erred by
not awarding her an equitable interest in the marital home.3 Robin has asked this court to remand
on this issue due to the chancellor’s failure to set forth adequately findings of fact and conclusions
of law. For this Court to assess properly the lower court's ruling, we must have before us in the
record the basis for its ruling. Only then can we pass judgment on that ruling. Dorman v. Dorman,
737 So. 2d 426, 431 (¶12) (Miss. Ct. App. 1999).
¶30.
The chancellor cited Drumright v. Drumright, 812 So. 2d 1021, 1026 (¶9) (Miss. Ct. App.
2001), for the proposition that in determining entitlement to interest in a marital asset, the court must
look to the relative contributions of the parties to the asset to determine the equitable distribution of
a marital estate. The chancellor found that Ray and his family actually built the home, with Ray’s
parents providing both the land and the money to purchase the building materials. Robin’s “only
contribution was aiding in the designing of some of the rooms, and some decorating.”
¶31.
Next, the chancellor discussed the reversionary clause in the warranty deed4 and noted that
2
Robin was awarded one-half of Ray’s IRA (which half equaled approximately $3,500), onehalf of Ray’s 401K (which half equaled approximately $5,000), one-half of the household furniture
(except the children’s belongings), and a 1995 Jeep Grand Cherokee.
3
The home was estimated at a value of $100,000 although no appraisal was done. The
chancellor used the appraisal amount listed on the homestead exemption application as agreed to by
both parties.
4
The warranty deed stated:
This conveyance is subject to a reversionary interest, and possibility
of reverter in the grantors. If, during the lifetime of either of the
grantors, the grantee conveys this property or any interest therein,
mortgages the property or grants a security interest through a deed of
trust in this property, files or has served upon him a divorce
(continued...)
11
the “property is to revert back to the grantors in the event of a divorce, which is now the case.” The
court concluded that based upon Robin’s “questionable” status as a homemaker, under the prior
Albright analysis, and her limited work history, her claim for an equitable interest in the marital
home was “speculative at best” and “at worst non-existent because of the reversionary clause.”
Under the unique circumstances of this case, we cannot find that the trial court erred in its decision
not to award Robin any equitable interest in the home.
¶32.
Assets acquired or accumulated during a marriage are subject to equitable division unless it
can be proved that such assets are attributable to one party’s separate estate prior to the marriage or
outside the marriage. Hemsley v. Hemsley, 639 So. 2d 909, 914 (Miss. 1994). Robin argues that the
chancellor erred in not determining whether the home was marital or non-marital. Boutwell v.
Boutwell, 829 So. 2d 1216, 1221 (¶19) (Miss. 2002). In this case, however, the court was obviously
uncertain as to the ownership status of the marital home due to the reversionary clause. Therefore,
the chancellor ruled in the alternative stating that either Robin’s interest was non-existent because
of the reversionary clause in the warranty deed, or her interest was “speculative” due to his
interpretation of Robin’s contributions to the home, should title still belong to Ray.
¶33.
While Robin claims that the reversionary clause was a “sham” due to Ray’s continued
occupancy of the home, nowhere does she cite any legal authority as to why the clause should not
be held valid. From the language of the warranty deed given to Ray by his parents, it is evident that
the elder Jordans wanted to restrict any claim that a third party may have on the property should
Ray’s marriage dissolve or the property be transferred or encumbered.
4
Their desire was
(...continued)
proceeding, then title to this property shall revert to the grantors, or
either of them who shall be living at that time.
12
understandable as Ray’s parents did not take a deed of trust on the property and only a portion of the
construction debt had been repaid. Further, many of the neighboring parcels of land were also owned
by members of the Jordan family. “The first rule of interpretation of contracts is to follow the intent
of the parties.” Smith v. Smith, 656 So. 2d 1143, 1147 (Miss. 1995). The purpose of such clauses
in a deed is to protect the property. While the purpose of the deed was to give Ray and his family
a place to live, the language of the deed shows a strong intent not to let the property pass outside of
the Jordan family, whether by mortgage, transfer or divorce. We note that this case is not one where
Ray, as owner of the property, transferred title to a third party in an attempt to keep Robin from
obtaining her rightful share. Ray’s ownership of the property was subject at all times to conditions.
¶34.
Under Mississippi law, “upon a breach and nonperformance of a condition annexed to the
grant of a freehold estate the title conveyed is not void, but is only voidable by the acts of the
grantor.” Yazoo & M. V. R. Co. v. Lakeview Traction Co., 100 Miss. 281, 294, 56 So. 393, 396-97
(1911). The grantor may then exercise his right to re-enter the property or some act manifesting an
intent to terminate the estate within the prescribed statutory period. Id. While Ray still retains
record title to the property, this title is defeasible as the condition entitling the grantors to regain
possession has occurred. Specifically, Ray’s parents have the legal right to dispossess Ray of his
enjoyment of the home, and that right will continue for the statutory period of ten years. See Miss.
Code Ann. section 15-1-7 (Rev. 2003). Therefore, Ray’s continued presence at the marital home is
not one of right, but a continuing gift to Ray by his parents.
¶35.
Although the chancellor failed to make any specific ruling as to whether the reversionary
clause was valid or who held title to the land in question, we find this was not an abuse of
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discretion.5 This Court has held that “title is no longer determinative in deciding a party's rights to
the property.” Parsons v. Parsons, 741 So. 2d 302, 307 (¶26) (Miss. Ct. App. 1999). A chancellor
has the authority to look beyond mere legal title to make an equitable division of property acquired
during the course of the marriage by the joint efforts of the parties or by the individual effort of either
one of them. Pucylowski v. Pucylowski, 741 So. 2d 998, 1001 (¶11) (Miss. Ct. App. 1999) (citing
Ferguson v. Ferguson, 639 So. 2d 921, 927 (Miss. 1994)). “The chancery court is authorized to call
for an equitable division of jointly accumulated property and in doing so to look behind the formal
state of title.” Hensarling v. Hensarling, 824 So. 2d 583, 590 (¶20) (Miss. 2002). As the chancellor
noted at the start of trial, the court “has certain flexibility in deciding how the Court divides marital
interest in cases.” Even if the chancellor found that Robin had a marital interest in the home titled
to a third person, he could have ordered equitable compensation for her interest to be paid from
another asset. Here, the chancellor found that Robin was not entitled to any equitable interest.
¶36.
“Assets which are classified as non-marital, such as inheritances, may be converted into
marital assets if they are commingled with marital property or utilized for domestic purposes, absent
an agreement to the contrary.” Boutwell 829 So. 2d at 1221 (¶20) (Miss. 2002) (citing Heigle v.
Heigle, 654 So. 2d 895, 897 (Miss. 1995)). If a home is considered a marital asset, a chancellor
employs the factors set forth in Ferguson, 639 So. 2d at 928, to determine the equitable distribution.
These factors are:
1. (a) Direct or indirect economic contribution to the acquisition of the property; (b)
Contribution to the stability and harmony of the marital and family relationships as
5
At the start of trial, counsel for Ray requested that the elder Jordans be made parties to the
proceedings due to their property interest or, alternatively, to prohibit Robin from making any claim
to the property. The court denied the request due to the timing of the request (on the day of trial) and
the fact that either party could have been joined Ray’s parents prior to that time.
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measured by quality, quantity of time spent on family duties and duration of the
marriage; and (c) Contribution to the education, training or other accomplishment
bearing on the earning power of the spouse accumulating the assets.
2. The degree to which each spouse has expended, withdrawn or otherwise disposed
of marital assets and any prior distribution of such assets by agreement, decree or otherwise.
3. The market value and the emotional value of the assets subject to distribution.
4. The value of assets not ordinarily, absent equitable factors to the contrary, subject
to such distribution, such as property brought to the marriage by the parties and
property acquired by inheritance or inter vivos gift by or to an individual spouse;
5. Tax and other economic consequences, and contractual or legal consequences to
third parties, of the proposed distribution;
6. The extent to which property division may, with equity to both parties, be utilized
to eliminate periodic payments and other potential sources of future friction between
the parties;
7. The needs of the parties for financial security with due regard to the combination
of assets, income and earning capacity; and,
8. Any other factor which in equity should be considered.
We note here that, although we would have preferred that the chancellor had gone through a more
detailed analysis of the factors in Ferguson, based on the unique nature of the case, his Albright
analysis was sufficient to determine Robin’s contributions and her right to any equitable interest in
the home. In a division of property, the court must consider the economic contributions made by
each party to the marriage, “both in terms of actual money earned and in terms of service without
compensation such as domestic duties.” Bresnahan v. Bresnahan, 818 So. 2d 1113, 1119 (¶13)
(Miss. 2002). The court concluded that, based on Robin’s “questionable” status as a homemaker
under his previous Albright analysis, and Robin’s limited work history, her claim for any equitable
interest in the marital home was “speculative at best.” The testimony reflects this finding showing
15
that Robin worked minimally outside the home earning very little income and her skills as a
homemaker were unsatisfactory.
¶37.
As to any direct or indirect contribution to the acquisition of the marital home, Ray and
Robin lived in a mobile home on Ray’s parents’ property for approximately five years without
paying rent. In 1997, they began constructing a house on the property, and, in 1999, Ray, Robin and
their children moved into their newly built home. Ray’s parents loaned the couple the money to
build the home on the land.6 It is unclear from the records exactly how much Ray and Robin paid
in total on the loan to Ray’s parents. Robin stated that they paid rent or mortgage on the house “for
quite a few years.” Ray’s testimony is that they paid “a little.” What is known is that Ray, Robin,
and their children lived for several years on Ray’s parents’ land essentially rent-free. Sometime later,
although testimony does not give us an exact date, Robin went to Ray’s parents and told them she
might have to apply for food stamps as she could not make ends meet. According to Robin, they
“swiped it (the debt) clean” and said that Ray and Robin did not have to pay anything further on the
loan/mortgage. Ray’s mother even gave Robin an extra $1,000 to assist them. However, Ray
testified that his parents had not waived future payments on the loan and even listed a $64,000
mortgage debt owed to his father on Ray’s statement of assets. Linda, Ray’s mother, also testified
that when she and Ray Sr. discussed suspending the payment of the loan, Ray Sr. said that Ray and
Robin could pay the loan back when they were older and could afford it. It was at this point that
Ray’s parents gave Ray the warranty deed for the land and its improvements upon which Ray and
Robin lived so that Ray and Robin could apply for homestead exemption. Robin’s name was not
6
Ray’s mother, who was the bookkeeper at the family plumbing business, deducted fifty
dollars from Ray’s paycheck for payment on the debt.
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mentioned on the deed, nor was she a party to the transaction.
¶38.
Upon review, it appears that neither Ray nor Robin contributed significantly to the
acquisition of the marital home, although Ray could possibly have a claim of “sweat equity” through
his physical labor on the house. Ray’s parents let them live on their land and build a home for very
little monetary consideration on the part of Ray or Robin. Robin even stated in her testimony she
believed Ray “contributed zero too.” Under the unique circumstances of this case, we cannot find
that the chancery court erred in its decision not to award Robin any equity in the home. Ray is
subject to being dispossessed by his parents at any time due to the reversionary clause, and neither
contributed significantly to the acquisition of the home. We find that the chancellor's division of the
marital home was equitable based on the record and his findings of fact, and Robin’s assignment of
error is without merit.
¶39. THE JUDGMENT OF THE CHANCERY COURT OF PERRY COUNTY IS
AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, ISHEE,
ROBERTS AND CARLTON, JJ., CONCUR.
17
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