Martin v. Martin
Martin v. Martin
Opinion of the Court
The husband, Tiby M. Martin, appeals the final judgment of dissolution of the parties’ eight-month marriage. We find merit only in the issue of whether the trial court properly imposed a constructive trust for the benefit of the wife, Flavia Martin. Pursuant to the final judgment, the trial court imposed the constructive trust and ordered the husband to pay the wife $12,536 and, in addition, ordered the husband to convey title to a jointly-held timeshare unit to the wife. The timeshare was valued at $3,000. We reverse the imposition of the constructive trust.
Accordingly, we reverse and quash that portion of the final judgment which ordered the husband to pay the wife $12,536 and to convey title to the timeshare unit to her. We remand this case with instructions that the trial court equitably distribute the marital assets that existed when the petition for dissolution of marriage was filed.
Affirmed in part, reversed in part, and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.