Horton v. Horton

In a divorce action, the trial court properly found that a house that was the husband's separate property at the time of the parties' marriage remained his separate property, despite the wife's alleged use if her separate funds to make payments on the mortgage and to make improvements to the house.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Pursuant to this Court’s Rule 34 4, Karen Horton Wife was granted a discretionary appeal from the final judgment and decree of divorce, as amended,1 Decree ending her marriage to Christopher L. Horton Husband. The appeal was granted in order to consider whether the superior court erred in determining as a matter of law that the house titled in Husband’s name House was his separate property, and whether it erred in awarding Husband attorney fees under OCGA§ 9-15-14.2 For the reasons which follow, we affirm.

The parties were married on October 3, 2011, and separated approximately 19 months later, on May 8, 2013. There were no children of the marriage. The parties met through the use of a dating website for older adults; at the time of their marriage, Wife was in her mid-fifties, Husband was in his mid-sixties, and each had been married before. On May 31, 2013, Wife filed for divorce, alleging cruel treatment and that the marriage was irretrievably broken; she sought, inter alia, an equitable division of assets and liabilities and attorney fees and expenses of litigation. On June 20, 2013, Husband filed an answer and counterclaim for divorce; he denied Wife’s allegation of cruel treatment, agreed that the marriage was irretrievably broken, and sought an equitable division of assets and debts incurred during the marriage as well as attorney fees and expenses.

Horton v. Horton

In a divorce action, the trial court properly found that a house that was the husband's separate property at the time of the parties' marriage remained his separate property, despite the wife's alleged use if her separate funds to make payments on the mortgage and to make improvements to the house.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report