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Gardner v. Gardner

The joinder of two corporations wholly-owned by the husband was necessary to ensure a just division of a couple's marital property since all of their marital assets were commingled with the corporate property.

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Husband Jackie Wendell Gardner filed a complaint for divorce on the ground that his 24-year marriage to wife Brenda Culverson Gardner was irretrievably broken. Husband sought custody of the one minor child, child support, and an equitable distribution of marital property. His verified complaint specified that the only property acquired by the parties during the course of the marriage consisted of: “Corporate stock in SGF, Inc.; corporate stock in State Line Cooler, Inc.; and corporate stock in Sowega Cotton Gin, Inc.” Husband appended a financial affidavit to the complaint which showed his gross monthly income to be $4,583, and he listed the stock in the three corporations as his only assets. The non-liquidated value of the stock was stated to be just under five million dollars.

Wife filed an answer and counterclaim for divorce on the ground of adultery, and she sought alimony as well as equitable division of the marital property, including the marital residence. Her financial affidavit showed no individual income or assets.

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