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Harper v. Harper

448 A.2d 916 (1982)

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Harper v. Harper

Maryland Court of Appeals

448 A.2d 916 (1982)

Facts

In 1950, Sylvester E. Harper (defendant) purchased land, which required monthly payments. In 1951, Sylvester married Amaryllis M. Harper (plaintiff). Sixteen years later, Sylvester built a marital residence on the land. The residence was titled only in Sylvester’s name. In 1980, Amaryllis filed for divorce and sought for the court to categorize the lot and residence as marital property, order its sale, and order that the proceeds be divided equitably. Amaryllis alleged that before the marital residence was built, Sylvester and Amaryllis lived in a home paid for by her mother and that the proceeds made from selling that house were used to fund the marital residence. Sylvester claimed that he funded the building of the marital residence. However, at trial, neither party introduced evidence showing the source and amount of the funds used to make payments for the land, build the marital residence, or provide for any improvements. The trial court held that the lot and marital residence were marital property, ordered a sale, and ordered that the proceeds be split evenly. Sylvester appealed. The Maryland Court of Special Appeals affirmed but for different reasons. Sylvester appealed again.

Rule of Law

Issue

Holding and Reasoning (Davidson, J.)

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