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Robbins v. Robbins

March 23, 1999

PATRICIA M. ROBBINS APPELLANT
v.
TERRY L. ROBBINS APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: Diaz, J.

DATE OF JUDGMENT: 08/12/97

TRIAL JUDGE: HON. JOHN C. ROSS, JR.

COURT FROM WHICH APPEALED: LEE COUNTY CHANCERY

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS

TRIAL COURT DISPOSITION: DIVORCE GRANTED; MARITAL PROPERTY DIVIDED

DISPOSITION: REVERSED AND REMANDED -03/23/99

MOTION FOR REHEARING FILED:

CERTIORARI FILED:

MANDATE ISSUED:

¶1. Patricia Robbins appeals the chancellor's division of marital assets, asserting that the Judge failed to make sufficient findings of facts and law regarding the nature and origin of the assets and that the Judge failed to consider her contributions to the acquisition of the marital assets. Finding merit in Patricia Robbins's argument, we reverse and remand this case for proceedings consistent with this opinion.

FACTS

¶2. Patricia and Terry Robbins began living together in Patricia's mobile home in March of 1989. Then on December 5, 1989, Terry purchased a home in the amount of $25,500. According to Terry, he paid $500 in cash for the house and borrowed the remaining $25,000. On December 7, 1989, Patricia and Terry moved into the new house. Although Patricia and Terry had obtained a marriage license at the time they moved into their new house, they were not legally married until July 14, 1990. Over the next few years, Patricia and Terry made numerous improvements to their home, and eventually increased the home's value to approximately $79,000.

ΒΆ3. In 1994, Terry purchased a set of four apartments at a cost of $58,000. These apartments earned approximately $1,150 per month, which paid for the $770 mortgage payment, the upkeep and repairs, the taxes, the insurance, and all other expenses involved with maintaining the apartments. While both Patricia and Terry invested time and efforts in the management and upkeep of the apartments, Patricia was primarily responsible for collecting the rent, accepting ...


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