William Fox vs. Marcella Fox

In this divorce case ending an eighteen year marriage, the trial court awarded as separate property only the items owned by each party at the time of the marriage. The court awarded the marital home to both parties as tenants in common, allowing Wife to retain possession while the children were minors but requiring her to make the mortgage payments. Upon the sale of the property, the parties were to divide the proceeds of the sale, after costs and encumbrances were paid, with Wife receiving 60% and Husband receiving 40%. Wife appeals, contending that the court was required to classify the gifts during the marriage as separate property, and that the court's distribution of the marital property was not equitable. She also argues that the trial court violated federal law by awarding Husband a percentage of the real property and by ordering her to pay the mortgage, claiming the source of the equity in the property and of her income is her disability benefits, and those funds are exempt from "attachment, levy, or seizure." The evidence does not preponderate against the court's classification of property, and we find the division to be equitable. We find no violation of federal law in the award of the real property or in the requirement that Wife pay the mortgage so long as she occupies the premises.