Mason v. Mason, Unpublished Decision (12-5-2001)
Mason v. Mason, Unpublished Decision (12-5-2001)
Opinion of the Court
OPINION
Defendant-appellant, James Mason, appeals from the judgment entry of divorce of the Union County Court of Common Pleas, Domestic Division. The parties to this appeal were married on November 26, 1991, and no children were born as issue of the marriage although both parties have children with other people. On July 25, 1997, Mrs. Mason filed for divorce. Mr. Mason filed an answer and counterclaim, and the trial was conducted on November 14, November 21, and December 11, 1997. The trial court filed its judgment entry and decree of divorce on April 11, 1998. Upon appeal, this Court held that the trial court did not "set forth sufficient factual findings and conclusions of law to satisfy the requirements of Civ.R. 52 and the statutory requirements[,]" and the case was remanded.Mason v. Mason (March 31, 1999), Union App. No. 14-98-23, unreported, 1999 WL 253543. Subsequently, the trial court filed its findings of fact and conclusions of law on April 23, 2001. This appeal followed, and Mr. Mason now asserts four assignments of error with the trial court's judgment.It was error and an abuse of discretion for the trial court to determine that the real estate was a marital asset and award Appellee appreciation in the value of the corporate, separate real estate. (Judgment Entry dated April 11, 1998).
The trial court erred and abused its discretion by awarding Appellee one-half of the value of the Ohio Company stock. (Judgment Entry dated April 11, 1998).
The trial court erred and abused its discretion by awarding Appellee any sums relating to the purchase of the Ford truck. (Judgment Entry dated April 11, 1998).
The trial court abused its discretion with regard to the spousal support award as application of the R.C.
3105.18 factors did not justify any award of spousal support. (Judgment Entry dated April 11, 1998).
Because making such a determination involves a factual inquiry, a reviewing court must examine the trial court's decision "under the standard of manifest weight of the evidence." Barkley,
After classifying the property as marital or separate, the trial court generally awards each spouse his or her separate property and then divides the marital property equally "unless an equal division would be inequitable." Barkley,
In the case sub judice, the residence in which the parties resided throughout their marriage was purchased in August of 1991, by J.R. Mason, Inc. (hereinafter "the corporation"), and the parties began living there prior to being married in November of 1991. Mr. Mason is the sole shareholder of the corporation and also acts as its sole director, president, vice-president, secretary, and treasurer. The uncontroverted testimony of Mrs. Mason was that she was the first to "find" the home and was the one who showed it to Mr. Mason, believing that it would be their marital home. In addition, there was evidence that both of the parties exerted their time, labor, and money to the improvement and upkeep of the home. However, the record also reflects that the property was titled in the corporation's name, that it was the corporation that received a loan with which to purchase the home, and that the corporation paid for many of the materials used to improve the property.
Although the trial court did not specifically find that the marital home was separate or marital property, for purposes of achieving an equitable distribution of assets in this divorce it found that Mr. Mason and the corporation were, in essence, indistinguishable. As a result, the trial court found that the appreciation value of the home was marital property because the parties had improved it. Additionally, the trial court found that Mrs. Mason used $27, 692.00 of her own money towards payment for the home. Consequently, the trial court awarded one-half of the value of the property's appreciation to Mrs. Mason. Under the circumstances of this case, we cannot find that the trial court's decision that the appreciation value of the home was marital property is against the manifest weight of the evidence. In short, there is some competent, credible evidence that the appreciation of the property occurred because of the contributions by both of the parties during the marriage. Nor can we find that the trial court abused its discretion in awarding Mrs. Mason one-half of the appreciation value, especially in light of the fact that Mr. Mason was awarded the home and any further appreciation. Therefore, Mr. Mason's first assignment of error is not well-taken and is overruled.
In support of his argument, Mr. Mason claims that the trial court made inconsistent findings. He alleges that the trial court determined that the payment of $20,000.00 in back rent for the marital home was a legitimate marital expense, while simultaneously awarding Mrs. Mason one-half of the value of the proceeds of the Ohio Company stock, which was used to pay part of the rent. Additionally, Mr. Mason contends that the trial court made matters worse by failing to properly consider the liabilities of the parties in awarding Mrs. Mason one-half the gross value of the stock and leaving Mr. Mason with the entire tax liability.
This assignment of error is without merit. Although the trial court found that the $20,000.00 in rent was owed to J.R. Mason, Inc., thus, not awarding Mrs. Mason any part thereof, it did not find that the proceeds from the Ohio Company stock were used to pay this rent. In addition, the testimony revealed that the stock was purchased during the marriage, and Mr. Mason admitted that he used a portion of the proceeds to pay "some obligations that [he] had to take care of, and that's what [he] did with it." Specifically, Mr. Mason testified regarding Plaintiff's Exhibit 22, which showed that the estimated tax liability of the stock proceeds was $2,500.00, and that $7,591.00 of the proceeds were used to pay the corporation for undisclosed purposes. However, Mr. Mason later testified that he used the proceeds of the stock to pay the past due rent. Given the conflicting testimony, the trial court's finding that the proceeds of the Ohio Company stock was a marital asset was not against the manifest weight of the evidence. Mr. Mason's own testimony provided the court with some evidence that the stock was a marital asset.
As for the trial court's decision to award Mrs. Mason one-half the value of the stock before taxes, the trial court has discretion to divide property in order to achieve an equitable result. R.C.
As previously discussed, Ohio law defines "marital property." The statute states, in relevant part, that marital property includes "personal property that currently is owned by either or both of the spouses . . . and that was acquired by either or both of the spouses during the marriage[.]" R.C.
In the present case, the record reveals that on June 22, 1996, Mr. Mason wrote a check on his personal account at National City Bank to Dick Ruhl Ford Sales, Inc., for $21,173.93. Defendant's Exhibit E contains a copy of this check. In addition, this Exhibit contains a copy of the purchase agreement whereby Mr. Mason signed as the purchaser in his capacity as president of J.R. Mason, Inc. Mr. Mason testified that he requested that the seller hold this check until he could get the funds in his account from the corporation and that the corporation transferred $25,000.00 to his personal account to pay for the truck. However, Exhibit E does not show this. It reflects that Russel Mason, Mr. Mason's father, issued a check to the corporation in the amount of $25,000.00 on June 25, 1996, and that $25,000.00 was deposited into the corporation's account on June 28, 1996.
The documentary evidence does not directly support the testimony of Mr. Mason. In fact, this evidence provides some competent, credible evidence that the truck was purchased with marital funds because the check used to purchase the truck was written on Mr. Mason's personal account. Of course, the choice of what and who to believe is in the hands of the trial court as the trier of fact. Id. The trial court was well within its discretion in awarding Mrs. Mason one-half of the money used to purchase the truck. Therefore, this assignment of error is not well-taken and is overruled.
In the case sub judice, the trial court stated in its final judgment entry of divorce that spousal support was warranted pursuant to R.C.
In assessing the R.C.
For all of these reasons the judgment of the Common Pleas Court of Union County is affirmed.
BRYANT and HADLEY, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.