Missouri Court of Appeals
806 S.W.2d 758 (Mo. Ct. App. 1991)
James Tucker (plaintiff) and Donna Tucker (defendant) were married in 1981. Mr. Tucker believed his wife was having an affair with his sister’s husband (brother-in-law), beginning in 1988. Mr. Tucker testified that Ms. Tucker told him that she preferred the brother-in-law over Mr. Tucker. Mr. Tucker filed for divorce. Ms. Tucker denied having a sexual relationship with the brother-in-law. The trial court found that a sexual relationship existed between Ms. Tucker and the brother-in-law. The trial court awarded Mr. Tucker virtually all of the couple’s marital assets, including the couple’s entire equity in their home and a washing machine that Ms. Tucker inherited from her grandmother. Ms. Tucker appealed.
Rule of Law
Holding and Reasoning (Smith, J.)
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