|
|
|
Burden to Prove Active Appreciation in Resulting Value of Property
© 2004 National Legal Research Group, Inc.
GEORGIA: Southerland v. Southerland, 278 Ga. 188, 598 S.E.2d 442 (2004).
The marital home and certain commercial properties acquired by the wife with nonmarital funds were properly classified as nonmarital. The husband helped to find the commercial properties and negotiate their price, but he did not show how these contributions added value to the properties. The husband participated in construction of the marital residence, but failed to prove the amount of resulting value or the use of marital funds to pay the mortgage. In the absence of evidence valuing the marital contributions, the trial court properly found no marital interest.
Husband appealed from that portion of a decree of divorce which awarded to the wife as nonmarital property certain gifts from members of her family, and property derived from those gifts. The Georgia Supreme Court affirmed that award.
Whether an asset is marital property or nonmarital property is one of fact and findings of fact are reviewed on appeal based on the "any evidence" rule, under which such a finding supported by any evidence must be upheld. The husband testified that several gifts of cash from his wife's family were gifts to his wife and himself as a couple, while the wife testified that the gifts were made to her alone. As the trial court's determination was supported by evidence, it would have to be upheld. So too was the finding that commercial properties purchased with funds given to the wife or with proceeds from the sale of other properties purchased with gifted funds were her separate property. While the husband's evidence that he participated in finding these commercial properties and was involved in negotiating the sales price was undisputed, no evidence was presented showing how his efforts contributed to the value of the properties or to any appreciation in the value of the properties during the marriage. Likewise, although both parties testified that the husband participated in the construction of the marital residence, there was again no evidence of the value of his participation or of the value of the home at the time of its construction, and there was no evidence of the investment of marital funds in the property through such means as mortgage payments. This same lack of evidence was evident with regard to the commercial properties. In fact, the proof offered by the wife was that all funds expended for these properties were the nonmarital property of the wife. There was no basis to calculate the husband's contributions. Without such proof, the husband could establish no right or interest in the properties for purposes of division and there was no error in the trial court's findings that these properties were the wife's nonmarital assets.
Go to: Appreciation of Assets Category
Go to: Cases of Interest by Category
Go to: Previous Page
| Featured Services | |
|
| The Research Center: (Divorce Cases of Interest) | Research Home | ||||
Find Case Law, Case Analysis, and Divorce Information...
| |||||
Copyright© 1996-2009. All rights reserved by Divorce Source, Inc.
Comments & Suggestions? or Recommend This Page to a Friend!