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Stone v. Stone

Court of Appeals of Missouri, Western District, Second Division

December 9, 2014

DEBRA ANNE STONE, Respondent,
v.
RANDY ALAN STONE, Appellant

Page 818

Appeal from the Circuit Court of Clay County, Missouri. The Honorable David P. Chamberlain, Judge.

Michael J. Svetlic, Kansas City, MO, for Respondent.

Steven D. Wolcott, Liberty, MO, for Appellant.

Mark D. Pfeiffer, Judge. Joseph M. Ellis, Presiding Judge, and James Edward Welsh, Judge, concur.

OPINION

Mark D. Pfeiffer, Judge

Page 819

Randy Alan Stone (" Husband" ) appeals the judgment of the Circuit Court of Clay County, Missouri (" trial court" ), dissolving his marriage to Debra Anne Stone (" Wife" ) and dividing the parties' property. In a single point relied on, Husband claims that the trial court erred in several respects. We affirm.

Factual and Procedural Background

Husband and Wife married on April 5, 2009. They separated on or about November 20, 2011. There were no children born of the marriage. Prior to the marriage, both Husband and Wife owned their own homes. At some point prior to the marriage, Husband sold his house and moved in with Wife. During the marriage, Husband and Wife purchased two more properties sitting on four adjacent lots. One of the properties Husband uses for his business, and the other is a residence in which Husband now lives.

At trial, Husband testified that the two properties that were purchased during the marriage were purchased with the proceeds of the sale of his non-marital home that he had sold prior to the marriage, but the cashier's check that he brought to the trial showing the down-payment on one of the properties stated that it was " for the benefit of [Husband] and [Wife]."

Husband also testified that he paid half of the expenses while the couple lived in Wife's house before and during the marriage and that he did extensive improvement work on Wife's house that increased its value. However, Husband submitted no evidence of Wife's home's value at the time of the marriage or of any increase in the home's value during the marriage due to his efforts or investments. Furthermore, during the marriage, Husband executed a document called " Acknowledgment of Separate Estate of Spouse and Consent to Execution of Deed of Trust" that disclaimed any interest in Wife's home.

Finally, Husband testified that the motorcycle he purchased during the marriage was purchased with non-marital funds, in that Husband had borrowed against another non-marital vehicle to pay for the motorcycle. Husband provided no documentation supporting his claim.

The trial court found that Wife's home, which she had purchased prior to the marriage, was entirely non-marital property. It found that the two pieces of real property that the couple had ...


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