Tate v. Tate
| Docket Number: | 2003-CA-00280-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-08-2004 Opinion Author: Chandler, J. Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Divorce - Equitable division of marital property - Ferguson factors Judge(s) Concurring: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers and Griffis, JJ. Non Participating Judge(s): Southwick, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 12-20-2002 Appealed from: Lee County Chancery Court Judge: John C. Ross, Jr. Disposition: CHANCELLOR RESOLVED ISSUES REGARDING PROPERTY SETTLEMENT AGREEMENT. Case Number: 99-1292 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Eddie Tate |
GARY L. CARNATHAN |
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| Appellee: | Carolyn Tate | BEN LOGAN |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Divorce - Equitable division of marital property - Ferguson factors |
| Summary of the Facts: | The Lee County Chancery Court issued a judgment for divorce that incorporated a settlement agreement in which Eddie and Carolyn Tate agreed to divide all marital assets except for the couple's residence. The court later found that Carolyn should take 100% of the home's value, and Eddie appeals. |
| Summary of Opinion Analysis: | The Ferguson factors are eight considerations that the Mississippi Supreme Court adopted for chancery courts to use when they equitably divide marital property. While the chancery court in this case correctly identified the Ferguson factors as being the applicable legal standard, its finding that all of the contributions Eddie made to the household went to every day living expenses, and none of the contributions went to debt service on the home's mortgage is not supported by the record. Additionally, the record is silent as to what contributions to the debt service on the home were made during the nearly two years from the taking of evidence to the entry of the decree, and during the sixteen months from the entry of the decree to the present. On remand, the court should apply the Ferguson factors not only to the facts adduced at the hearing but also give consideration to any additional facts not shown in the record. |
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