Nichols v. Funderburk
| Docket Number: | 2002-CT-00087-SCT Linked Case(s): 2002-CT-00087-SCT ; 2002-CT-00087-SCT ; 2002-CA-00087-COA |
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| Supreme Court: | Opinion Link Opinion Date: 09-23-2004 Opinion Author: Carlson, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Equitable division of property - Cohabitation Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ. Non Participating Judge(s): Diaz, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 12-21-2001 Appealed from: Itawamba County Chancery Court Judge: Jacqueline Mask Disposition: CHANCELLOR AWARDED CUSTODY OF TWO MINOR CHILDREN TO MOTHER AND ORDERED CHILD SUPPORT BUT DENIED HER REQUEST FOR EQUITABLE DIVISION OF PROPERTY. Case Number: 01-0165 |
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| Note: | The supreme court affirmed the trial court and court of appeals. | |
| Party Name: | Attorney Name: | |||
| Appellant: | Lori Nichols |
ANGELA NEWSOM SNYDER
JOHN DAVID WEDDLE |
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| Appellee: | David Wayne Funderburk | PRO SE |
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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: | Equitable division of property - Cohabitation |
| Summary of the Facts: | Lori Nichols filed a complaint against David Funderburk for paternity, child support and equitable division of property. The chancery court entered a final judgment declaring David as the natural father of the two children, granting custody of the children and child support to Lori and denying Lori's request for equitable division of property. Lori appealed, and the Court of Appeals affirmed. The Supreme Court granted certiorari. |
| Summary of Opinion Analysis: | The Court of Appeals held that Lori was not entitled to any division of property, because there was insufficient evidence that the parties acquired property through their joint efforts. Lori argues that the Court of Appeals did not properly apply Mississippi case law which would have allowed for a division of property to award Lori a fair share of the assets accumulated during the couple's relationship and that Mississippi precedent allows for equitable division of property in cohabitation cases where one of the cohabitants contributes not only domestically but also through labor directly related to the business or property acquired during cohabitation. Although mere cohabitation does not vest marital rights, there is an exception for equitable division of property where there was a marriage or the appearance of a marriage when no legal marriage actually existed. In this case, Lori and David never married or purported to have married. Lori was paid for her services rendered at David’s restaurant as he paid all of his other employees. David never intended to marry Lori, and she was aware of his decision. Lori was also aware that David never intended to make her a partner in his business ventures. Therefore, the chancellor and the Court of Appeals were correct in finding that there was no evidence that Lori and David entered into a partnership or acquired assets through their joint efforts. |
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