Artz v. Artz
| Docket Number: | 2002-CA-00199-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-24-2003 Opinion Author: Thomas, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Divorce: Irreconcilable differences - Marital assets Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Lee, Myers, Chandler and Griffis, JJ. Dissenting Author : Irving, J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 01-09-2002 Appealed from: Lowndes County Chancery Court Judge: Dorothy Colom Disposition: FINAL DIVORCE DECREE AWARDING APPELLEE $33,000. Case Number: 2000-0655 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Barry R. Artz |
P. NELSON SMITH |
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| Appellee: | Shannon C. Artz | CARRIE A. JOURDAN |
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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: Irreconcilable differences - Marital assets |
| Summary of the Facts: | Barry Artz and Shannon Artz agreed to a divorce on the grounds of irreconcilable differences. The chancellor ordered a property distribution in which Shannon received monies which Barry claims were non-marital assets. Barry appeals. |
| Summary of Opinion Analysis: | Barry argues that the money in question was given to him as a gift from his grandmother and aunt and should have been classified as separate property. Assets acquired or accumulated during the course of the marriage are subject to equitable division unless it can be shown by proof that such assets are attributable to one of the parties' separate estates prior to the marriage or outside the marriage. When non-marital property is commingled with marital property, it becomes marital property subject to equitable distribution unless there is evidence of an agreement to the contrary. The funds given to Barry were deposited in the joint account and used for marital purposes, thus converting non-marital to marital property. |
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