Dawn Ann Davis (Goodwin) v. Daniel Pace Goodwin

Case Number
W2010-01340-COA-R3-CV

In this divorce case, Wife appeals the trial court’s division of marital property. She asserts that the parties’ marital residence is her separate property and that the trial court erred in awarding Husband a share of the net proceeds following its court-ordered sale. Wife contends that she purchased the property during the marriage with her separate, premarital funds, that it was titled and financed in her name only, and that she paid the mortgage, taxes, and insurance on the property. We agree that the trial court erred and conclude that the marital residence is Wife’s separate property. However, because the property increased in value during the marriage, we remand to the trial court to determine whether Husband substantially contributed to its preservation and appreciation. Reversed and Remanded.

Authoring Judge
Judge J. Steven Stafford
Originating Judge
Chancellor Kenny W. Armstrong
Case Name
Dawn Ann Davis (Goodwin) v. Daniel Pace Goodwin
Date Filed
Dissent or Concur
No