William Ronald Thweatt v. Beverly T. Thweatt
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2008-CA-00091-COA
WILLIAM RONALD THWEATT
APPELLANT
v.
BEVERLY T. THWEATT
DATE OF JUDGMENT:
TRIAL JUDGE:
COURT FROM WHICH APPEALED:
ATTORNEY FOR APPELLANT:
ATTORNEY FOR APPELLEE:
NATURE OF THE CASE:
TRIAL COURT DISPOSITION:
DISPOSITION:
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
APPELLEE
9/17/2007
HON. CYNTHIA L. BREWER
MADISON COUNTY CHANCERY COURT
MICHAEL YOUNGER
BENTLEY E. CONNER
CIVIL - DOMESTIC RELATIONS
PARTITION OF MARITAL HOME DENIED
AND COUNTER-COMPLAINT FOR
REMOVAL OF HUSBAND’S NAME FROM
WARRANTY DEED GRANTED
AFFIRMED - 2/24/2009
EN BANC.
LEE, P.J., FOR THE COURT:
¶1.
This appeal stems from an order of the Madison County Chancery Court denying
Ronald Thweatt’s (Ronald) complaint for partition of the marital home and granting Beverly
Thweatt’s (Beverly) counter-complaint to remove Ronald’s name from the warranty deed.
Ronald appeals the chancellor’s denial of his request for partition of the marital home. We
find his challenge to be without merit and affirm the chancery court’s order.
FACTS
¶2.
Ronald and Beverly have twice been married to each other. They first married on
June 16, 1974, but divorced by order of the Madison County Chancery Court on November
21, 2002, based on irreconcilable differences. They remarried on June 16, 2004, but
separated again during the first week of August 2004. The parties remain legally married to
one another but have not lived together since August 2004.
¶3.
When the parties divorced in 2002, Beverly received the marital home and
approximately thirty-four acres as her sole property as part of the couple’s property
settlement agreement executed by both parties. The parties reconciled; Ronald moved back
into the original marital home; and they decided to sell both the home and surrounding
acreage.1 The marital home and surrounding property were sold in April 2004. Later that
month, Beverly purchased the home in dispute located in Harvey Crossing outright and paid
all sums connected with the purchase and closing with the proceeds from the sale of the
original marital home.
¶4.
The warranty deed for the Harvey Crossing home was executed on April 30, 2004.
It shows that the home was deeded “unto Beverly T. Thweatt and husband, William R.
Thweatt, as joint tenants with full rights of survivorship and not as tenants in common.”
However, the parties were not married at that time, and they did not actually remarry until
June 16, 2004. There is some dispute in the record concerning how Ronald’s name ended
up on the warranty deed. Ronald testified at trial that Beverly asked the closing attorney to
alter the warranty deed to include his name. Beverly testified that Ronald insisted that his
1
It is not clear from the record exactly when the parties reconciled and Ronald moved
back into the original marital home. Ronald testified that he thought that they were together
for about six months from the time they reconciled until the time they separated the second
time.
2
name be added to the deed. She then explained that she did not object as they were planning
on getting married, and she was too embarrassed to correct the attorney’s assumption that
they had already done so. During the first week of August 2004, Ronald moved out of the
home and moved in with his longtime paramour.2 Ronald admitted moving out of the home
at Harvey Crossing shortly after moving in, but he stated that he moved in with his mother
and not another woman.
¶5.
Ronald admitted that he paid no money for the purchase of the home at Harvey
Crossing, and he had not paid any bills or upkeep expenses since its purchase. He argues,
however, that he was entitled to proceeds from the sale of the Harvey Crossing home because
when he gave Beverly sole ownership of the marital home from the first marriage, he
essentially supplied her with the necessary funds to buy the Harvey Crossing home.
¶6.
The chancellor found that Ronald was not entitled to any relief as he did not act in
good faith when re-entering the bonds of matrimony with Beverly. She also found that
Ronald had lived in the Harvey Crossing home for less than a month after the wedding and
contributed no financial support to the household. This led to her determination that the
Harvey Crossing home had not become a commingled marital asset from the second marriage
of the parties.
2
The parties maintain that Ronald moved out approximately three weeks after they
were remarried. However, if they were married on June 16, 2004, and Ronald left during
the first week of August, there was more than a three-week lapse between the date of the
marriage and the time he left. The chancellor’s findings of fact asserted that the parties
moved into the house in July 2004, but there is no proof of this in the record. Nevertheless,
the parties agree that Ronald lived in the house for only a very short time, and the
discrepancy does not materially affect our analysis of this matter.
3
¶7.
The chancellor further held that Beverly only allowed Ronald’s name to be placed on
the warranty deed as he had promised to marry her. The chancellor assumed that the fact that
Ronald moved out so quickly after the wedding “belie[d] any notion of good faith intention.”
Additionally, because Ronald did not act in good faith, but “in a fraudulent manner to obtain
an interest in property he had previously given so freely away,” she ordered Ronald’s name
removed from the warranty deed and the execution of any documents necessary to clear the
cloud currently on the title of Beverly’s home.
¶8.
Ronald appeals the chancellor’s findings arguing that she committed reversible error
in declining to partition the Harvey Crossing home. He does not appeal the removal of his
name from the warranty deed.
DISCUSSION
¶9.
Ronald’s sole issue on appeal is whether the chancellor erred in declining to partition
the Harvey Crossing home. “The standard of review for property partition cases is whether
this Court finds manifest error in the decision of the chancellor, only then will this Court
reverse the findings of the chancellor.” Georgian v. Harrington, 990 So. 2d 813, 815-16 (¶7)
(Miss. Ct. App. 2008) (quoting Lynn v. Lynn (In re Will of Lynn), 878 So. 2d 1052, 1055
(¶11) (Miss. Ct. App. 2004)). “The sufficiency of the evidence is determined by the
chancellor, who sits as finder of fact and makes determinations as to the weight and
credibility of the evidence.” Peters v. Peters, 906 So. 2d 64, 68 (¶12) (Miss. Ct. App. 2004).
This Court has a limited standard of review with regard to a chancellor’s findings of fact.
We will affirm a chancellor’s findings unless they are clearly erroneous, manifestly wrong,
or an erroneous legal standard was applied. Sanderson v. Sanderson, 824 So. 2d 623, 625-26
4
(¶8) (Miss. 2002). “A finding of fact is considered clearly erroneous when, even though
there is evidence to support the finding, the reviewing court has a firm belief a mistake has
been made.” Milligan v. Milligan, 956 So. 2d 1066, 1071 (¶11) (Miss. Ct. App. 2007) (citing
Tutor v. Pannell, 809 So. 2d 748, 751 (¶11) (Miss. Ct. App. 2002)). “However, if a
chancellor’s findings of fact are supported by substantial evidence, broad discretion is given
to support her determination.” Id. at 1071-72 (¶11).
¶10.
Mississippi Code Annotated section 11-21–11 (Rev. 2004), provides that:
If, upon hearing, the court be of the opinion that a sale of the lands, or any part
thereof, will better promote the interest of all parties than a partition in kind,
or if the court be satisfied that an equal division cannot be made, it shall order
a sale of the lands, or such part thereof as may be deemed proper, and a
division of the proceeds among the cotenants according to their respective
interests.
The parties stipulated at trial that the house was not capable of being partitioned in kind due
to it being a house on a small lot in the subdivision of Harvey Crossing. Thus, the only issue
for review is whether the chancellor’s denial of the partition by sale was an abuse of
discretion, keeping in mind that Ronald did not appeal the chancellor’s order that his name
be removed from the warranty deed and the parties stipulated that a partition in kind was not
feasible.
¶11.
“[A] separated couple, not yet divorced, may partition marital property held in joint
tenancy . . . .” Lenoir v. Lenoir, 611 So. 2d 200, 203 (Miss. 1992) (citing Trigg v. Trigg, 498
So. 2d 334, 335 (Miss. 1986)). As a threshold matter, Ronald had to prove that he had title
to the Harvey Crossing home. It has been long held that “a court of equity will never grant
relief when a the [sic] complainant’s title is denied or suspicious, until he has established his
5
title at law.” Spight v. Waldron, 51 Miss. 356, 360-61 (1875). While it is true that the right
to partition land owned through a common tenancy is an absolute and unconditioned right,
Cheeks v. Herrington, 523 So. 2d 1033, 1035 (Miss. 1988), partition can only be made
between those in actual or constructive possession. Price v. Crone, 44 Miss. 571, 577
(1871); see also Wirtz v. Gordon, 187 Miss. 866, 877, 184 So. 798, 803 (1938) (“there must
be a tenancy in common to justify a decree of partition . . . and the existence of a tenancy in
common is dependent upon possession or the right to the possession of the land”). The
chancellor has the power to determine all questions of title. Mississippi Code Annotated
section 11-21-9 (Rev. 2004) states that:
If the title of the plaintiffs seeking partition or sale of land for a division shall
be controverted, it shall not be necessary for the court to dismiss the complaint,
but the question of title shall be tried and determined in the suit and the court
shall have power to determine all questions of title, and to remove all clouds
upon the title, if any, of the lands whereof partition is sought and to apportion
encumbrances, if partition be made of land encumbered and it be deemed
proper to do so. The court may adjust the equities between and determine all
claims of the several cotenants, as well as the equities and claims of
encumbrancers.
Furthermore, a chancellor has the jurisdiction to remove clouds from title when a person is
not the rightful owner. “Any person having the equitable title to land may, in like cases, file
a bill to divest the legal title out of the person in whom the same may be vested, and to vest
the same in the equitable owner.” Miss. Code Ann. § 11-17-31 (Rev. 2004).
¶12.
The chancellor in the present case determined that Ronald did not have any type of
possessory interest in the Harvey Crossing home and found that he did not act in good faith
in having his name added to the warranty deed. Ronald did not appeal the portion of the
chancellor’s order requiring his name to be removed from the warranty deed. Thus, the issue
6
of whether he is a proper titleholder at law is not properly before this Court, and the issue is
deemed waived on appeal. Gilmer v. State, 955 So. 2d 829, 839 n.2 (Miss. 2007) (citing
Excello Feed Milling Co. v. U.S. Fid. & Guar. Co., 145 Miss. 599, 608, 111 So. 94, 95-96
(1926)).
¶13.
Notwithstanding this procedural bar, we find that the chancellor’s findings of fact and
conclusions of law are supported by substantial evidence and were not an abuse of discretion.
The chancellor noted that Beverly allowed Ronald’s name to be added to the warranty deed
based on the mistaken belief that Ronald was going to marry her and the home was to be their
new marital home. The chancellor then ordered the deed to be reformed to exclude Ronald’s
name based on proof that he had fraudulently induced Beverly to remarry him and then
deserted the marriage within weeks of the ceremony. “In an action to reform a deed based on
a mistake theory, the petitioner must demonstrate a mutual mistake among the parties or a
unilateral mistake in combination with fraud or inequitable conduct on the part of the
benefitting party.” McCoy v. McCoy, 611 So. 2d 957, 961 (Miss. 1992) (citing Perrien v.
Mapp, 374 So. 2d 794, 796 (Miss. 1979) (overruled on other grounds)). The unilateral
mistake and fraud must be proven beyond a reasonable doubt. Id.
¶14.
It is undisputed that Ronald voluntarily quitclaimed all rights to the original marital
home and acreage to Beverly during the couple’s 2002 divorce. In no way did he financially
contribute to the purchase of the Harvey Crossing home. All monies came from the proceeds
of the sale of the original marital home that belonged solely to Beverly. Ronald admitted that
he left the Harvey Crossing home only three weeks after he remarried Beverly. Evidence was
presented at trial that Ronald moved out of the Harvey Crossing home and moved into his
7
girlfriend’s house. There has been no known attempt by Ronald to move back into the Harvey
Crossing home. These facts support the chancellor’s determination that Ronald did not act
in good faith in having his name added to the property.
¶15.
Thus, it was not clearly erroneous for the chancellor to remove Ronald’s name from
the warranty deed to remove the cloud on the title of Beverly’s home, nor was it clearly
erroneous for the chancellor to deny Ronald’s request for partition. Because Beverly was able
to prove a unilateral mistake was made in reliance on Ronald’s fraudulent representations, she
is entitled to be the sole equitable and legal titleholder to the property. If Ronald’s name was
allowed to remain on the warranty deed and the partition was allowed to take place with
Ronald receiving a portion of the proceeds, he would be unjustly enriched. This would allow
him to take proceeds from a home in which he had lived for only three weeks and in which
he had never put any money or effort toward the purchase or upkeep. He voluntarily gave
away his interest in the original marital home, and the fact that his mother helped in the
purchase of the original home does not affect his rights to the proceeds from its sale when he
had already deeded all of his interest in the original home to Beverly through the 2002
property settlement agreement. He cannot now claim that he is entitled to proceeds from the
Harvey Crossing home based on his contributions to the original marital home.
¶16.
Furthermore, the chancellor was correct in finding that the Harvey Crossing home had
not been commingled into a marital asset. Because Ronald had deeded his entire interest in
the original marital home to Beverly, he had no claim to any of the proceeds from the home
and land when they were sold. He admitted this during trial. Thus, the Harvey Crossing
home was bought with non-marital funds before the parties were remarried. This made the
8
home non-marital property. Hemsley v. Hemsley, 639 So. 2d 909, 914 (Miss. 1994). Property
should only be considered commingled and transformed from non-marital to marital if it has
been commingled with marital assets or used for familial benefit. Bowen v. Bowen, 982 So.
2d 385, 395 (¶38) (Miss. 2008). The couple did not use the property during the marriage
except for during the first few weeks when they lived there together. From that point on, the
couple has been separated, and Beverly has been the sole possessor of the property. Thus, the
property was not used by the couple for any material familial benefit and should not be
considered commingled. The only other indication that the home could have been marital
property was that it was deeded to Ronald and Beverly as joint tenants with rights of
survivorship. However, the chancellor properly found that the warranty deed’s inclusion of
Ronald’s name was a result of fraud which allowed for the removal of his name from the
deed. This issue is without merit.
CONCLUSION
¶17.
For the above reasons, the judgment of the Madison County Chancery Court is
affirmed.
¶18. THE JUDGMENT OF THE MADISON COUNTY CHANCERY COURT IS
AFFIRMED.
ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE
APPELLANT.
KING, C.J., MYERS, P.J., IRVING, GRIFFIS, BARNES, ISHEE, ROBERTS
AND CARLTON, JJ., CONCUR.
9
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.