Ellis v. Ellis, 748 S.W.2d 424 (Tenn. 1988). · Go Syfert
Ellis v. Ellis, 748 S.W.2d 424 (Tenn. 1988). Cases Citing This Book View Copy Cite
153 citation events (92 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1988 → 2026 · click a year to view as-of
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At page 427 Determining equitable division of marital property under statute98 citing cases“the only condition imposed in the statute for treating any increase in value during the marriage as marital property.”the opinion's own words at *427, quoted by 1 later opinions · 97 listed here
  • Timothy Charles Cooke v. Rita Moses Cooke, No. E2022-00049-COA-R3-CV (Tenn. Ct. App. Dec. 27, 2022).published
    A division is not rendered inequitable simply because it is not precisely equal, see Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive a share of every…
  • Julie C. W. v. Frank Mitchell W. Jr., No. M2019-01243-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2021).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Colette Elaine Wise v. Daniel Gregory Bercu, No. M2017-01277-COA-R3-CV (Tenn. Ct. App. Sept. 30, 2019).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Dana Darnell v. Mark Darnell, No. E2018-02007-COA-R3-CV (Tenn. Ct. App. Aug. 12, 2019).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Sandra Jo Robbins v. Robert Scholze Robbins, No. E2017-01427-COA-R3-CV, 2018 WL 3954323 (Tenn. Ct. App. Aug. 16, 2018).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Melody Crunk Telfer v.George Curtiss Telfer, 558 S.W.3d 643 (Tenn. Ct. App. 2018).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Robert Harvey Santee v. Stacy Lynn Santee, No. E2016-02535-COA-R3-CV (Tenn. Ct. App. Feb. 15, 2018).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Michael Lee Givens v. Tristine Ann Givens, No. E2016-00865-COA-R3-CV, 2017 WL 4339489 (Tenn. Ct. App. Sept. 29, 2017).published
    The 11 division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not rece…
  • Kim Lewis Neas v. Patricia Erskine Heffernan Neas, No. E2015-00292-COA-R3-CV (Tenn. Ct. App. Dec. 15, 2015).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Michael Todd Culver v. Lisa Culver, No. E2014-01201-COA-R3-CV (Tenn. Ct. App. June 26, 2015).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
Show 87 more citing cases
  • Corin Mucha Wilkinson v. Thomas Gregg Wilkinson, No. M2010-01974-COA-R3-CV, 2011 WL 5986405 (Tenn. Ct. App. Nov. 29, 2011).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Jean Garman v. Guy Garman, No. E2010-01215-COA-R3-CV (Tenn. Ct. App. May 16, 2011).published
    The division of marital property is rooted in equity, and a division of marital property is not rendered inequitable merely because it is not precisely equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424…
  • Carol Denice Pettijohn v. Patrick Carl Pettijohn, No. E2010-01255-COA-R3-CV (Tenn. Ct. App. Feb. 28, 2011).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Dawn Ann Davis (Goodwin) v. Daniel Pace Goodwin, No. W2010-01340-COA-R3-CV (Tenn. Ct. App. Dec. 23, 2010).published
    “Our courts have consistently interpreted the phrase ‘any increase in value’ as all inclusive.” Id. at 832-33 (citing Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988)).
  • Jennie F. Ingraham v. Patrick Garrett Ingraham, No. E2010-00101-COA-R3-CV (Tenn. Ct. App. Dec. 8, 2010).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Harold Lee Harden v. Judy Kay Harden, No. M2009-01302-COA-R3-CV, 2010 WL 2612688 (Tenn. Ct. App. June 30, 2010).published 2 cites
    The division of marital property is rooted in equity, and a division of marital property is not rendered inequitable merely because it is not precisely equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424…
  • Robert E. Covington v. Barbara Covington, No. E2009-01583-COA-R3-CV (Tenn. Ct. App. June 18, 2010).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. -7- 1988), or because each party did not rec…
  • Rodney K. Matthews v. Sophia D. Matthews, No. MC-CC-CV-DV-08-36 (Tenn. Ct. App. Apr. 28, 2010).published
    Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988); Watters v. Watters, 959 S.W.2d 585, 591 (Tenn. Ct. App. 1997); Harrington v. Harrington, 798 S.W.2d 244, 245 (Tenn. Ct. -8- App. 1990).
  • James Morton Burris v. Lisa Estes Burris, No. M2009-00498-COA-R3-CV, 2010 WL 1404385 (Tenn. Ct. App. Apr. 7, 2010).published
    The division of marital property is rooted in equity, and a division of marital property is not rendered inequitable merely because it is not precisely equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424…
  • Deborah S. Antrican v. Alvin Michael Antrican, No. E2009-01028-COA-R3-CV (Tenn. Ct. App. Mar. 22, 2010).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Joanne Wells v. Mark Wells, No. W2009-01600-COA-R3-CV, 2010 WL 891885 (Tenn. Ct. App. Mar. 15, 2010).published
    The division of marital property is rooted in equity, and a division of marital property is not rendered inequitable merely because it is not precisely equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424…
  • Lisa Bass Collins v. Stephen Butler Collins, No. W2008-02660-COA-R3-CV (Tenn. Ct. App. Sept. 29, 2009).published
    The division of marital property is rooted in equity, and a division of marital property is not rendered inequitable merely because it is not precisely equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424…
  • Lofton v. Lofton, 345 S.W.3d 913 (Tenn. Ct. App. 2009).published
    The division of marital property is rooted in equity, and a division of marital property is not rendered inequitable merely because it is not precisely equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn.1996); Ellis v. Ellis, 748 S.W.2d 424,…
  • Harry W. Lofton v. Nelda Joan Lofton, No. W2007-01733-COA-R3-CV (Tenn. Ct. App. Dec. 30, 2008).published
    The division of marital property is rooted in equity, and a division of marital property is not rendered inequitable merely because it is not precisely equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn.1996); Ellis v. Ellis, 748 S.W.2d 424,…
  • Patsy Wicks Dawson v. Isaac Dale Dawson, No. E2008-0199-COA-R3-CV (Tenn. Ct. App. Sept. 5, 2008).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Meta-Sue Jones Woodall v. Jethero Jackson Woodall, Jr., No. W2007-01880-COA-R3-CV (Tenn. Ct. App. Aug. 20, 2008).published
    That each party must have “substantially contributed” to the preservation and appreciation in value of the separate property is “[t]he only condition imposed in the statute for treating any increase in value during the marriage as marital…
  • Linda Kay Edwards v. Ronald Dell Edwards, No. E2007-1680-COA-R3-CV (Tenn. Ct. App. Aug. 8, 2008).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Bunch v. Bunch, 281 S.W.3d 406 (Tenn. Ct. App. 2008).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn.1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn.1988), or because each party did not receive a…
  • Harvey Dalton v. Linda Jane Faasen Dalton, No. W2006-00118-COA-R3-CV, 2006 WL 3804415 (Tenn. Ct. App. Dec. 28, 2006).published
    Id., (citing Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988)).
  • Risa Stock v. Morris Stock, No. W2005-02634-COA-R3-CV, 2006 WL 3804420 (Tenn. Ct. App. Dec. 28, 2006).published
    Kinard v. Kinard, 986 S.W.2d 220, 230 (Tenn. Ct. App. 1998). (citing Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988)).
  • Miracle Kaa Nichols v. James Virgil Nichols, Jr., No. E2004-02486-COA-R3-CV (Tenn. Ct. App. Nov. 7, 2005).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • David Anthony Norman v. Melissa Dawn Norman, No. M2004-00738-COA-R3-CV (Tenn. Ct. App. Oct. 31, 2005).published
    “The division of the estate is not rendered inequitable simply because it is not mathematically equal, or because each party did not receive a share of every item of marital property.” King v. King, 986 S.W.2d 216, 219 (Tenn.Ct.App.1998) (…
  • Jay Guinn Christenberry v. Doris Annette Christenberry, No. E2004-02193-COA-R3-CV (Tenn. Ct. App. Aug. 19, 2005).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn.1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn.1988), or because each party did not receive a…
  • Morton v. Morton, 182 S.W.3d 821 (Tenn. Ct. App. 2005).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn.1996); *834 Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn.1988), or because each party did not rece…
  • Alma Edna Smith v. Don Edward Smith, No. E2004-02206-COA-R3-CV (Tenn. Ct. App. July 20, 2005).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Gordon E. Morrow, Jr. v. Tammy Lynn (Pugh) Morrow, No. M2003-02448-COA-R3-CV (Tenn. Ct. App. July 14, 2005).published
    Robertson v. Robertson, 76 S.W.3d 337, 341 (Tenn. 2002); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988).
  • Himelda Fuentes Guzman v. Salvador Guzman Alvarez, No. M2003-02902-COA-R3-CV (Tenn. Ct. App. July 12, 2005).published
    Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988); Powell v. Powell, 124 S.W.3d 100, 107 (Tenn. Ct. App. 2003).
  • Grethy Hirt v. Ernst H. Hirt, No. E2004-00354-COA-R3-CV (Tenn. Ct. App. Feb. 8, 2005).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Lydia Ann Watkins v. William C. Watkins, Jr., No. E2003-03050-COA-R3-CV (Tenn. Ct. App. Dec. 14, 2004).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Morgan Susanne Foxx v. Steven C. Bolden, No. E2002-02831-COA-R3-CV, 2004 WL 256572 (Tenn. Ct. App. Feb. 12, 2004).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Lori Bates v. Joseph Bates, No. M2002-02037-COA-R3-CV (Tenn. Ct. App. Sept. 22, 2003).published 2 cites
    See Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn.1996); and Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn.1988).
  • Donald Disher Jr. v. Karol Disher, No. W2002-01421-COA-R3-CV (Tenn. Ct. App. Jan. 21, 2003).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn. 1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn. 1988), or because each party did not receive…
  • Dube v. Dube, 104 S.W.3d 863 (Tenn. Ct. App. 2002).published
    The division of the estate is not rendered inequitable simply because it is not mathematically equal, Cohen v. Cohen, 937 S.W.2d 823, 832 (Tenn.1996); Ellis v. Ellis, 748 S.W.2d 424, 427 (Tenn.1988), or because each party did not receive a…
  • David Anthony Norman v. Melissa Dawn Norman, No. M2001-02796-COA-R3-CV (Tenn. Ct. App. July 11, 2002).published
    "The division of the estate is not rendered inequitable simply because it is not mathematically equal, or because each party did not receive a share of every item of marital property." King v. King, 986 S.W.2d 216, 219 (Tenn. Ct. App. 1998…
  • Leo Davis Jr. v. Angela Davis, No. W2001-01748-COA-R3-CV (Tenn. Ct. App. May 23, 2002).published
    "The division of the estate is not rendered inequitable simply because it is not mathematically equal, or because each party did not receive a share of every item of marital property." King v. King, 986 S.W.2d 216, 219 (Tenn. Ct. App. 1998…
  • Michael Delaney Galligan v. Linda Medders Galligan, No. M2001-00619-COA-R3 (Tenn. Ct. App. Apr. 30, 2002).published
    "The division of the estate is not rendered inequitable simply because it is not mathematically equal, or because each party did not receive a share of every item of marital property." King v. King, 986 S.W.2d 216, 219 (Tenn. Ct. App. 1998…
  • Alan Reece Cunningham v. Sylvia Delain Cunningham, No. M2002-01659-COA-R3-CV, 2003 WL 22994291 (Tenn. Ct. App. Dec. 22, 2003).published
  • Terry Baker Smithson v. James Alvin Smithson, Jr., No. W2003-00204-COA-R3-CV (Tenn. Ct. App. Nov. 19, 2003).published
  • Jeffrey Edmisten v. Kathy Edmisten, No. M2001-00081-COA-R3-CV, 2003 WL 21077990 (Tenn. Ct. App. May 13, 2003).published
  • Eddie Fritz v. Wanda Fritz, No. E2001-00145-COA-R3-CV (Tenn. Ct. App. Apr. 16, 2002).published
  • Sue Ann Bowser v. John Bowser, No. M2001-01215-COA-R3-CV (Tenn. Ct. App. Mar. 20, 2002).published
  • Joyce Howell v. Phillip Howell, No. W2001-01167-COA-R3-CV (Tenn. Ct. App. Feb. 20, 2002).published
  • Stacy Turney v. Ronald Turney, No. W2001-00492-COA-R3-CV (Tenn. Ct. App. Jan. 23, 2002).published
  • Pamela K. Cantrell v. James Michael Cantrell, Jr., No. 2001-00259-COA-R3-CV (Tenn. Ct. App. Oct. 16, 2001).published
  • Fulbright v. Fulbright, 64 S.W.3d 359 (Tenn. Ct. App. 2001).published
  • James Dortch, Sr. v. Evonne Dortch, No. M1999-02053-COA-R3-CV (Tenn. Ct. App. July 17, 2001).published
  • Holly Paul v. Thomas Paul, No. E2000-02161-COA-R3-CV (Tenn. Ct. App. May 10, 2001).published
  • Amy Blankenship v. Carl Blankenship, No. M2000-01483-COA-R3-CV (Tenn. Ct. App. Apr. 23, 2001).published
  • Patsy (Stiles) Templeton v. Jeffrey Stiles, No. M1999-02388-COA-R3-CV (Tenn. Ct. App. Mar. 20, 2001).published
  • Glenna Fink v. Richard Fink, No. E2000-02468-COA-R3-CV (Tenn. Ct. App. Mar. 19, 2001).published
  • Fontenot v. Fontenot, No. M1999-02322-COA-R3-CV (Tenn. Ct. App. Dec. 13, 2000).published
  • Bobby Conlee v. Juanita Conlee, No. W2000-00471-COA-R3-CV (Tenn. Ct. App. Oct. 17, 2000).published
  • Rhonda Moffitt v. Paul Moffitt, No. W1999-02403-COA-R3-CV (Tenn. Ct. App. Sept. 18, 2000).published
  • Witt v. Witt, No. M1999-02234-COA-R3-CV (Tenn. Ct. App. July 28, 2000).published
  • Hunt v. Hunt, No. M1997-00221-COA-R3-CV (Tenn. Ct. App. July 27, 2000).published
  • Russo v. Russo, No. M1999-02380-COA-R3-CV (Tenn. Ct. App. July 13, 2000).published
  • McKee v. McKee, No. M1997-00204-COA-R3-CV (Tenn. Ct. App. May 23, 2000).published
  • F. G.Sutton v. J.W. Sutton, No. E1999-00302-COA-R3-CV (Tenn. Ct. App. Mar. 31, 2000).published
  • Fowler v. Fowler, No. 01A01-9901-CH-00005 (Tenn. Ct. App. Oct. 15, 1999).published
  • Jenny C. Walker v. James M. Walker, No. M2001-00087-COA-R3-CV (Tenn. Ct. App. May 27, 1999).published
  • Brandon v. Brandon, No. 01A01-9805-CV-00235 (Tenn. Ct. App. Apr. 29, 1999).published
  • Miller v. Miller, No. M1999-00226-COA-R3-CV (Tenn. Ct. App. Sept. 21, 1998).published
  • Kinard v. Kinard, 986 S.W.2d 220 (Tenn. Ct. App. 1998).published
  • John Anderson Kinard v. Linda Kinard, No. 01A01-9606-CH-00265 (Tenn. Ct. App. Aug. 5, 1998).published
  • King v. King, 986 S.W.2d 216 (Tenn. Ct. App. 1998).published
  • Judith Ann Warren Taylor v. Michael Raymond Taylor, No. 02A01-9706-CV-00112 (Tenn. Ct. App. June 8, 1998).published
  • Mary Fuller v. Eligo Fuller, No. 02A01-9708-CH-00175 (Tenn. Ct. App. May 13, 1998).published
  • Bryant v. Bryant, No. M1999-00065-COA-R3-CV (Tenn. Ct. App. Mar. 18, 1998).published
  • Demontbreun v. Demontbreun, No. 01A01-9703-GS-00129 (Tenn. Ct. App. Dec. 12, 1997).published
  • McManamay v. McManamay, No. 01A01-9802-CH-00081 (Tenn. Ct. App. Dec. 10, 1997).published
  • Joni Smart Holt v. Jack Sanders Holt, No. 01A01-9609-CH-00423 (Tenn. Ct. App. Dec. 5, 1997).published
  • Cheatham v. Cheatham, No. 01A01-9508-CH-00380, 1997 WL 731784 (Tenn. Ct. App. Nov. 25, 1997).published
  • Mary Ann Umstot v. Edward Shirer Umstot - Dissenting/Concurring, No. 02A01-9701-CV-00008 (Tenn. Ct. App. Sept. 5, 1997).published
  • Umstot v. Umstot, 968 S.W.2d 819 (Tenn. Ct. App. 1997).published
  • Curtis v. Curtis, No. 01A01-9508-CV-00385 (Tenn. Ct. App. July 16, 1997).published
  • Mary S. Fendley v. Mart G. Fendley, No. 01A01-9509-CH-00418 (Tenn. Ct. App. July 2, 1997).published
  • Turner v. Turner, No. 01A01-9506-CV-00255, 1997 WL 136448 (Tenn. Ct. App. Mar. 27, 1997).published
  • Dixie Millburn Selby v. Landon Selby - Dissenting, No. 01A01-9604-CH-00159 (Tenn. Ct. App. Dec. 6, 1996).published
  • Sullivan v. Sullivan, 107 S.W.3d 507 (Tenn. Ct. App. 2002).published
  • Cohen v. Cohen, 937 S.W.2d 823 (Tenn. 1996).published
  • Robertson v. Robertson, 76 S.W.3d 337 (Tenn. 2002).published
  • Brown v. Brown, 913 S.W.2d 163 (Tenn. Ct. App. 1994).published
  • Mondelli v. Howard, 780 S.W.2d 769 (Tenn. Ct. App. 1989).published
  • Thompson v. Thompson, 797 S.W.2d 599 (Tenn. Ct. App. 1990).published
  • Mahaffey v. Mahaffey, 775 S.W.2d 618 (Tenn. Ct. App. 1989).published
  • Sallie Lunn Tarver v. John Taylor Tarver, No. W2017-01556-COA-R3-CV, 2019 WL 1200274 (Tenn. Ct. App. Mar. 13, 2019).published
  • Mondelli v. Howard, 780 S.W.2d 767 (Tenn. Ct. App. 1989).published
At page 426 Determining marital property from separate property appreciation13 citing cases“if each party substantially contributed to its preservation and appreciation.”5 citing courts quote it
Show 3 more citing cases
  • Mahler v. Mahler, No. 01A01-9507-CH-00303, 1997 WL 187130 (Tenn. Ct. App. Apr. 18, 1997).published
  • Batson v. Batson, 769 S.W.2d 849 (Tenn. Ct. App. 1988).published
  • Miller v. Miller, No. M1999-00724-COA-R3-CV (Tenn. Ct. App. Aug. 31, 2000).published
Retrieving the full opinion text from the archive…
Josephine Payne ELLIS, Plaintiff/Appellee,
v.
Hubert Chester ELLIS, Defendant/Appellant
Tennessee Supreme Court.
Apr 11, 1988.
Published opinion
748 S.W.2d 424
1988 Tenn. LEXIS 48
Clyde W. Richert, III, Springfield, for defendant/appellant., George W. Yost, Springfield, for plaintiff/appellee.
Brock, Harbison, Fones, Drowota, Greer.
Cited by 133 opinions  |  Published

OPINION

BROCK, Justice.

In this divorce action the plaintiff wife was granted a divorce and the court made a division of marital property, real and personal, pursuant to T.C.A. § 36-4-121. On appeal, the Court of Appeals affirmed the granting of the divorce but disagreed with the trial court’s disposition of the marital property and substantially modified the trial court's decree in that respect and made a much more liberal division of the property in favor of the wife. We granted review at the instance of the husband.

The parties have been married since June 1948, but have no children. The husband worked as a farmer until 1965 when he went to work for the Acme Boot Company and from which he retired in 1983. The wife has also been an employee of Acme Boot Company for several years and was so employed at the time of the trial in this cause. At the time of their marriage the parties lived in a house owned by the wife’s uncle which was located on approximately 40 acres of land which has been referred to in the record as “the big house.” In 1952 the parties built a small house, referred to in the records as “the little house,” on another piece of land owned by the wife’s uncle. Later, the wife’s uncle executed a deed to these parties for the little house and the lot on which it was located. Most of the funds employed to build the little house came from the husband’s earnings and savings.

Later, the wife sought a bank loan, using a mortgage on the little house as security, but husband refused to sign the promissory note. However, the husband finally conveyed his interest in the little house to the wife. She alone then signed the note, but both she and her husband executed a deed of trust as collateral.

In 1972 the wife inherited from her uncle the big house, along with the 39 acres on which it was located. Thereafter the parties moved into the big house and resided therein until their separation in July 1982, at which time the wife moved back into the little house.

In making a proper division of the property owned by the parties, the trial court found that they had cash on hand of $14,-910, that the little house and three hundredths of an acre of land had a value of[*426] $18,500, stipulated, and that the big house and 38.5 acres of land on which it was located had a stipulated value of $66,700. The trial judge also had before him the inheritance tax return filed by the wife’s uncle, which placed a value on the big house and the land on which it was located at $15,000 and, thus, he found that there had been an appreciation in value of the big house during the marriage of the parties in the amount of $51,700 and although the big house was separate property of the wife, that the appreciation of $51,700 in that property during the marriage constituted marital property under T.C.A. § 36-4-121 which in paragraph (b)(1), in pertinent part, provides:

“Marital property” means all real and personal property, both tangible and intangible, acquired by either or both spouses during the course of the marriage and presently owned by either or both spouses; including income from, and any increase in value during the marriage, of property determined to be separate property in accordance with subdivision (2) of this subsection if each party substantially contributed to its preservation and appreciation ... (Emphasis added.)

It is undisputed that the big house property was “separate property in accordance with subdivision (2).” Accordingly, this increase in value of the big house property during the marriage was considered by the trial court to be one of the items of marital property to be equitably divided as provided by T.C.A. § 36-4-121, and that both the husband and wife had “substantially contributed to its preservation and appreciation.” The evidence does not preponderate against those findings. The Court of Appeals also found that the husband’s checks introduced into evidence showed that he had paid $5,344 on improvements to the big house and $2,200 in making repairs to outbuildings on the premises. Still other checks placed into evidence showed that the husband had paid for such items as taxes, insurance, heating bills and farm equipment and supplies.

The trial court thus made the following division of the parties’ marital assets:

To each party he awarded one-half of the cash on hand or $7,455. He also awarded to the husband the little house valued at $18,500. Further, the trial judge sought to give to each party one-half of the $51,700 appreciation in the big house. To achieve that end, he awarded $35,100 of the appreciation to the wife and $16,-600 of the appreciation to the husband, leaving to each an equal share of the total value of their marital property, amounting to $42,555 each. He also ordered the wife to satisfy the debt secured by the deed of trust on the little house in the amount of $4,729 out of the $7,455 cash awarded to her and gave the husband a lien against the big house to secure payment of the $16,600 portion of the appreciation of the value of the big house awarded to the husband.

The Court of Appeals concluded that the trial court had abused its discretion in thus dividing the marital property of the parties and, accordingly, set that division aside and made its own division of marital property. The Court of Appeals held that the full appreciation in value of the big house during the marriage of $51,-700 was not to be considered as marital property, but that only $7,455 of that appreciation should be considered as marital property, that being the sum that the husband had expended on improvements and repairs on the big house property during the marriage. The court held “that the major portion of the increase in price of the big house was due primarily to the substantial increase in the value of inflation that took place during that time and, therefore, would not be considered marital property but instead would be treated as the separate property of the wife.” In our opinion, the Court of Appeals in so concluding, erred since the statute, T.C.A. § 36-4-121(b)(l) clearly states that “any increase in value during the marriage” of such property shall be included as marital property subject to division. The word “any” is all inclusive and does not allow an exception based on inflation, as held by the Court of Appeals.

[*427] The only condition imposed in the statute for treating any increase in value during the marriage as marital property is the provision, “if each party substantially contributed to its preservation and appreciation.” This condition was amply supported in the evidence. As above mentioned, the Court of Appeals in its own findings found that the husband had contributed $5,544 on improvements to the big house property. This clearly proved that the husband had “substantially contributed to its preservation and appreciation,” as found by the trial judge. This evidence satisfied the condition thus required but it did not limit the husband’s right to share in the full appreciation of the property during the marriage to the amount which he alone had thus contributed to its maintenance and repair. Having established that the condition had been complied with, the husband was entitled to share fully in the whole appreciation and value of the big house property during the marriage.

The Court of Appeals further erred in concluding that the trial judge had based his division of marital property on a misconstruction of the statute, T.C.A. § 36-4r-121(a). The record shows that the trial court considered the relevant factors required to be considered by T.C.A. § 36-4-121(c) in making an “equitable” division of marital property. We are convinced that a fair reading of the findings and decree of the trial court clearly show that he did not hold that the statute required an “equal” division of the marital property, but that it did require an “equitable” division of that property, considering the factors set out in subparagraph (c) of the statute and that in this case the most equitable division would be an approximate equal division as decreed by the trial court.

Our conclusion is that the trial court properly construed and applied the law in this case and did not abuse his discretion in making the division of marital property as he did. Accordingly, the decree of the Court of Appeals is reversed and the findings and the decree of the trial court are reinstated. Costs incurred upon appeal are taxed against the plaintiff/appellee and this cause is remanded to the trial court for such further proceedings as may be required or proper in the premises.

HARBISON, C.J., FONES and DROWOTA, JJ., and GREER, Special Justice, concur.