Opinion

Nichols v. Nichols

  • 824 So. 2d 797
  • 2001 WL 1658688
Court
Court of Civil Appeals of Alabama
Filed
Dec 28, 2001
Status
Published
Author
Crawley
On the bench
Crawley, Thompson
Cited by
35 cases
Authority
More cited than 15.0%

noting that "marital property generally includes property purchased or otherwise accumulated by the parties during the marriage [and] . . . property acquired before the marriage or received by gift or inheritance during the marriage when it is used, or income from it is used, regularly for the common benefit of the parties during their marriage"

How later courts described this case

  • noting that "marital property generally includes property purchased or otherwise accumulated by the parties during the marriage [and] . . . property acquired before the marriage or received by gift or inheritance during the marriage when it is used, or income from it is used, regularly for the common benefit of the parties during their marriage"
  • determining that property that the husband in that case had inherited was not marital property despite evidence indicating that the family had used it for hunting and other purposes
  • discussing the difference between marital estates and separate estates and noting that property purchased during the marriage with marital funds is marital property
  • although marital property generally includes property purchased or otherwise accumulated by the parties during the marriage, it may also include the property acquired before the marriage or received by gift or inheritance during the marriage when it is used, or income from it is used, regularly for the common benefit of the parties during the marriage

Written by the judges who cited it.

The opinion

I must respectfully dissent. Although I agree that the trial court used some inappropriate terminology in fashioning its property division, the division itself appears to be equitable. The wife receives a total of $781,542 in assets under the trial court's judgment. A property division need not be equal, only equitable; the task of determining what is equitable falls to the trial court. Ross v. Ross, 447 So.2d 812

(Ala.Civ.App. 1984). I would affirm the judgment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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