Sylvester and Amaryllis – Who Won?
So what was the ultimate outcome in the case of Sylvester and Amaryllis? Recall in Harper v. Harper, 294 Md. 54 (1981), the Maryland Court of Appeals sent this case back to the trial judge with instructions on how to divide the land that Sylvester owned before his marriage to Amaryllis and the house he built on it during the marriage.
The land cost $355.00 and the house cost $21,600. By the time of divorce the property was worth $65,500.
The trial judge had concluded that, after 29 years, everything was marital property, and he just split it 50% to each. The Court of Appeals reversed and told the trial judge first to determine what was marital and what was non-marital, using the source of funds theory.
The next time around, the trial judge concluded that the lot was 59% nonmarital and 41% marital. The house, he found, was entirely marital property, because it was paid for out of marital funds, and so it should be split 50% to each. The judge said:
[b]ecause the marital residence was paid for entirely out of marital funds, it is also to be characterized entirely as marital property. Mr. Harper made mortgage payments and paid for upkeep from his salary during the marriage; no monies used for these purposes derived from gifts or inheritances to Mr. Harper. Notwithstanding Mr. Harper’s contention that his wife contributed virtually nothing, monetarily or otherwise, to the construction and maintenance of the home, the residence is marital property because all funds for its construction and upkeep were acquired during the marriage by other than inheritance or gift from a third party. See section 3-6A-01(3) of the Courts and Judicial Proceedings Article. Harper v. Harper, 58 Md. App. 193 (1984).
Yes, it went up on appeal again. This time the trial judge was upheld. After four years of litigation, and presumably tons of legal fees, Sylvester got 29.5% more of the value of the land (59% non marital portion plus half of the 41% of the marital portion compared to 50% before) and nothing more for the house (still 50% to each).
I wonder if either party thought it was worth it.
Related posts:
