Jordan v. Jordan

FERREN, Associate Judge:

This appeal arises from a divorce after 21 years of marriage.1 Appellant Clarence Jordan challenges the trial court’s award to Mrs. Jordan of a one-half interest in the stocks appellant owned and a one-half interest in the marital home. Appellant contends that the trial court’s findings of fact concerning the parties’ home and appellant’s stocks were clearly erroneous. In particular, appellant argues that because he purchased some of the stocks before the marriage, the court should not have found those stocks to be marital property distributable under D.C.Code § 16-910(b) (1989 Repl.). Appellant contends that those stocks were his “sole and separate property acquired prior to the marriage” and thus should have been assigned to him pursuant to D.C.Code § 16-910(a) (1989 Repl.). We affirm.

Before his marriage to Jeanette Jordan, appellant began investing in the stock market. By the time Mr. and Mrs. Jordan were married on March 27, 1969, appellant *1239had accumulated approximately $8,000 in stocks. He continued to trade in stocks during the parties’ marriage. In addition, Mr. Jordan purchased the family home at 482 Burbank Street, providing the down payment and paying the mortgage.

For most of the couple’s married life, Mrs. Jordan did not work and did not amass wealth of her own. Rather, she made non-monetary contributions to the care and management of their home, their child, and their child’s education and upbringing. The trial court found that Mrs. Jordan’s contributions to the marriage, primarily in the form of household services and childcare, allowed Mr. Jordan the time and opportunity to amass a “relatively nice wealth.” Moreover, the trial court noted that Mr. Jordan had promised his wife both before and during their marriage that he would “share everything with her” and had indicated to her that he did not want her to work.2 The trial court found that Mrs. Jordan relied on Mr. Jordan’s promises.

By amending D.C.Code § 16-910 through the Marriage and Divorce Act of 1977, the Council of the District of Columbia “changed the legislative scheme.” Turpin v. Turpin, 403 A.2d 1144, 1146 (D.C.1979).

Unlike its predecessor, the present-day section authorizes the Superior Court to distribute individually as well as jointly-held property, with certain exceptions.... As is clear from the language of [D.C.Code § 16-910] subsection (a), a threshold requirement for exception of property [from distribution] is that the property be the “sole and separate” property of one spouse.

Id. Furthermore, “[t]here is no room under subsection (a) for ... tracing funds.” Id. at 1147. Therefore, in order for the court to withhold from marital distribution property held in the name of one spouse, the party who claims sole and separate ownership has the burden of establishing that it is the same property that he or she acquired before the marriage. Otherwise, the property presumably was acquired during the marriage and is subject to distribution under § 16-910(b).3

The trial court in its oral findings stated that “there is no evidence of which of the stocks may have been acquired during the first ten years of Mr. Jordan’s employment life” and, hence, before the couple’s marriage. The court’s written findings state, somewhat differently, that “there is no evidence that the stock may have been acquired before the marriage.” 4 Mr. Jordan did testify that he purchased some stocks before the marriage. But, as both the oral and written findings make clear, there is no record evidence establishing that, immediately before the divorce, Mr. Jordan still owned any particular stock purchased before the marriage.5 For that *1240reason, we are satisfied that the trial court did not clearly err in finding that the stocks Mr. Jordan owned at the end of the marriage were marital property, even though held in his name alone.

Because the marital home was acquired during the parties’ marriage, it was marital property which the court accordingly had broad discretion to distribute, without regard to title, under D.C.Code § 16-910(b) in an equitable, just and reasonable manner. See Broadwater v. Broadwater, 449 A.2d 286, 287 (D.C.1982); Darling v. Darling, 444 A.2d 20, 23 (D.C.1982).

The trial court’s conclusions reflect careful consideration of the relevant factors before it distributed all the property, including the stocks and the marital home. See D.C.Code § 16-910(b). Finding no abuse of discretion, we have no reason to disturb the trial court’s findings and conclusions. Accordingly, the trial court’s distribution of property is hereby

Affirmed.

. The parties had one child, who was born on September 3, 1970.

. Although Mr. Jordan argues that the trial court’s finding that he did not wish his wife to work is clearly erroneous, there is ample support in the record for that finding. Mrs. Jordan testified ‘repeatedly that Mr. Jordan did not wish her to seek employment outside the home, and her testimony on this point was uncontroverted.

. In Mazique v. Mazique, 123 U.S.App.D.C. 48, 356 F.2d 801, cert. denied, 384 U.S. 981, 86 S.Ct. 1882, 16 L.Ed.2d 691 (1966), the court said: "Where property is held solely in the name of one spouse, the other spouse must make a showing of a legal or equitable interest therein.” Id. at 51, 356 F.2d at 804. That court, however, was interpreting the old marriage law, at a time when ”[t]here was no statutory authority to reach individually-owned property” unless the other spouse could show "a legal or equitable interest” in the property. Hemily v. Hemily, 403 A.2d 1139, 1141 (D.C.1979). As elaborated in the text, however, we must deal with present-day D.C.Code § 16-910, which has altered the old principles of distribution of property when a couple divorces. See Turpin, 403 A.2d at 1146.

. The oral and written findings are not necessarily inconsistent with each other. Although the oral findings can be read to imply that Mr. Jordan acquired some stocks before his marriage, those findings also make clear the court could not discern whether any stock held at the end of the marriage had been purchased before the marriage. In any event, we are reviewing the court’s final, written findings which, presumably, clarify any ambiguity in the oral findings.

. Mr. Jordan did not proffer documentation, for example, that, despite over twenty years of active stock trading, the shares of Greyhound and Occidental Petroleum held in his name at the end of the marriage were the same shares of those stocks he claimed he owned before the marriage.