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Holman v. Holman | 228 S.W.3d 628 (2007)

One spouse brings a separate asset into the marriage. Then the couple uses their joint funds to improve the asset, increasing its value. At divorce, how should the court divide an asset that has grown in value due to both separate and marital contributions? That’s the question in Holman versus Holman.

William and LaVonne Holman married. William had a farmhouse he owned before the marriage, and he also inherited land during the marriage. The couple put joint funds toward improving both the farmhouse and the land, and the value of the properties increased. Then, the marriage ended.

William’s farmhouse was initially worth fifty-four thousand six hundred forty dollars. The couple then spent ninety thousand dollars in joint funds remodeling it. At the time of the divorce, the farmhouse was worth one hundred eighty-five thousand dollars.

William’s inherited land was initially worth thirty thousand dollars. The couple used seventy-five thousand dollars in joint funds to build a commercial building on the land. At the time of the divorce, the commercial building and land were worth one hundred twenty-seven thousand dollars.

In the divorce proceedings, the court returned William’s initial separate contributions to the properties to him and divided the increases in value evenly between the couple.

For example, the trial court apportioned the one hundred twenty-seven thousand dollars of equity in the commercial property as follows. It awarded William his initial separate interest, thirty thousand dollars. That left ninety-seven thousand dollars, which the court split equally between the spouses. The court distributed the farmhouse’s value in a similar fashion.

William appealed to the Missouri Court of Appeals.

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