CARLTON, J., for the Court:
¶ 1. Susan Kristine Gregory Jenkins (Kris) appeals the judgment of the Jones County Chancery Court, which granted her an irreconcilable-differences divorce from her husband, Robert Wayne Jenkins Jr. (Bobby). Aggrieved with the chancellor's property division, Kris appeals. Finding no abuse of discretion by the chancellor, we affirm.
¶ 2. Bobby and Kris were married on
¶ 3. At trial, Bobby testified that he was self-employed, prior to and at the time of his marriage to Kris. Bobby testified that in 1986, he founded and was the sole-owner of Mid-Mississippi Sales and Service, Inc. Bobby also testified that in 1993, he founded Industrial Steel Corporation with one partner and obtained a forty-nine percent ownership interest in the company.
¶ 4. Kris testified that she worked as a nurse at Laurel Bone & Joint Clinic from the time of the marriage until August 2006. Kris testified that, in addition to her nursing career, she took care of Bobby's daughter, Michelle, who lived with them for two or three years; and she maintained the couple's home, tending to the cleaning, laundry, and grocery shopping. Kris further testified that she left Laurel Bone & Joint Clinic due to a cervical disc rupture, and after she took a period of time off to rehabilitate her cervical disc, she worked at Wesley Medical Center.
¶ 5. Bobby and Kris testified that until their separation in 2007, they lived in a home on 175 acres that Bobby paid for and owned prior to the marriage.
¶ 6. The record reflects that Bobby and Kris shared the responsibility of managing the couple's finances during the marriage. Bobby testified that he possessed his own separate checking account, which he used to pay the couple's taxes and insurance, the home's maintenance and improvements, and vacation expenses. Bobby and Kris testified that they also had a joint checking account which was used for household expenses. Bobby and Kris further testified that Kris contributed a portion
¶ 7. After the trial, the chancellor granted the divorce, classified the couple's separate and marital property, then equitably divided and distributed the marital assets. Dissatisfied, Kris filed her motion for reconsideration on November 10, 2009, and her amended motion for reconsideration on November 13, 2009. After a hearing on Kris's motion, the chancellor denied Kris's motion for reconsideration. Feeling aggrieved, Kris appeals and raises the following issues for the Court's review: whether the chancellor committed reversible error in his division of the marital assets and marital debts; whether the chancellor committed reversible error in his determination of the fair market value of the marital assets; and whether the chancellor committed reversible error in his determination of the valuation date for the division of marital property.
¶ 8. This Court's standard of review regarding property division and distribution in divorce cases is a limited one. Oswalt v. Oswalt, 981 So.2d 993, 996 (¶ 11) (Miss.Ct.App.2007) (citing Reddell v. Reddell, 696 So.2d 287, 288 (Miss.1997)). "A chancellor's division and distribution will be upheld if it is supported by substantial credible evidence. However, this Court will not hesitate to reverse if it finds the
¶ 9. Kris argues that the chancellor committed reversible error in his division of the marital assets and marital debts. Specifically, Kris argues that the chancellor erred: by finding that only the appreciation of the homestead property was subject to equitable division; by classifying Industrial Steel Corporation and the 3.8 acres of land as non-marital assets; by failing to consider Kris's total disability and health condition at the time of trial; and by inadequately dividing all of the marital assets and marital debts.
¶ 10. "When attempting to equitably divide property at issue in a divorce, the chancellor should first classify the parties' assets as marital or non-marital based on Hemsley v. Hemsley, 639 So.2d 909 (Miss.1994)." Boutwell v. Boutwell, 829 So.2d 1216, 1221 (¶ 19) (Miss.2002). The Mississippi Supreme Court held in Hemsley that "[a]ssets acquired or accumulated during the course of a marriage are subject to equitable division unless it can be shown by proof that such assets are attributable to one of the parties' separate estates prior to the marriage or outside the marriage." Hemsley, 639 So.2d at 914. Thus, the chancellor may equitably divide only the property that is deemed marital property. Curry v. Curry, 45 So.3d 724, 726 (¶ 8) (Miss.Ct.App.2010) (citing Messer v. Messer, 850 So.2d 161, 167 (¶ 24) (Miss. Ct.App.2003)).
¶ 11. "After classifying the parties' assets as either marital or non-marital, the chancellor should then proceed to equitably divide the property using the factors set forth by the supreme court in Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss. 1994)." Curry, 45 So.3d at 726 (¶ 9). Lastly, the chancellor should determine "whether the equitable division of the marital property, considered in light of the non-marital assets, adequately provides for both parties. If the distribution of the parties' assets, including any separate property, fails to adequately provide for the parties, the chancellor then considers whether to award alimony to one of the parties." Id. at 727 (¶ 9) (internal citations omitted).
¶ 12. While considering the above-stated guidelines, we now turn to a review of the property division and distribution in the case at hand. The record contains the chancellor's order dividing and distributing the marital property. The chancellor provided as follows:
(Emphasis added).
¶ 13. "Equitable distribution does not mean equal distribution." Seymour v. Seymour, 960 So.2d 513, 519 (¶ 15) (Miss.Ct.App.2006) (quoting Lauro v. Lauro, 924 So.2d 584, 590 (¶ 23) (Miss.Ct.App. 2006)). No requirement exists dictating that Kris must receive half
¶ 14. Further, in his opinion dividing the marital property, the chancellor stated that he considered the contributions and expenditures of each spouse to the seven-year marriage and to the acquisition of the marital property. The chancellor also acknowledged in his opinion that Bobby owned the bulk of the marital assets prior to the marriage and also expended pre-marital earnings on improvements to the property during the marriage. The chancellor then noted that the evidence was without dispute that Kris's addiction to prescription medications caused
Vaughn v. Vaughn, 56 So.3d 1283, 1289 (¶ 20) (Miss.Ct.App.2011) (citing Hults v. Hults, 11 So.3d 1273, 1281 (¶ 36) (Miss.Ct. App.2009)).
Rodriguez v. Rodriguez, 2 So.3d 720, 726 (¶ 11) (Miss.Ct.App.2009) (citing Ferguson, 639 So.2d at 928)).
¶ 15. This Court recognizes the limited standard of review that appellate courts utilize when reviewing a chancellor's equitable division of the marital property. We additionally acknowledge that appellate courts lack the authority to overrule a chancellor's property division and distribution absent a finding of manifest error. Parker v. Parker, 641 So.2d 1133, 1137 (Miss.1994). We also note that Mississippi is not a community property state; thus, the chancellor holds no obligation to divide the marital property equally. Id. After examining the property division as a whole, we find that the chancellor's findings are supported by credible evidence; therefore, we affirm the chancellor's equitable division of the marital property.
¶ 16. Further, we recognize that the chancellor awarded Kris a smaller percentage of the parties' assets; however, we find, in light of our highly deferential standard of review, this fact, standing alone, is an insufficient ground for reversal. See Redd v. Redd, 774 So.2d 492, 496 (¶ 15) (Miss.Ct.App.2000) (affirming a chancellor's division of marital property which resulted in the wife's receiving only twenty-three percent of the entire marital estate). As such, we find no manifest error in the chancellor's property division. This issue lacks merit.
¶ 17. Kris next argues that the chancellor erred by not appointing an expert to opine as to the fair market value of several of the couple's assets. Specifically, Kris argues that the chancellor should have appointed an expert to conduct an appraisal of the following assets: the home; the 3.8 acres of land; Mid-Mississippi Sales and Service, Inc.; Industrial Steel Corporation; livestock; farm equipment; and household furniture.
¶ 18. Bobby responds that he submitted documents supporting his valuation of all assets at issue to Kris's counsel prior to trial and also introduced the same documents
¶ 19. It is the chancellor's responsibility in a divorce proceeding to make an adequate investigation into the value of the marital property that is subject to division: "Property division should be based upon a determination of fair market value of the assets, and these valuations should be the initial step before determining division." King v. King, 946 So.2d 395, 403 (¶ 20) (Miss.Ct.App.2006) (citing Ferguson, 639 So.2d at 929). While we note that "expert testimony may be essential to establish valuation sufficient to equitably divide property, particularly when the assets are [diverse]," Redd, 774 So.2d at 495 (¶ 9), we also recognize and reiterate the principle that "findings on valuation do not require expert testimony and may be accomplished by adopting the values cited in the parties' 8.05 financial disclosures, in the testimony, or in other evidence." Horn v. Horn, 909 So.2d 1151, 1165 (¶ 49) (Miss.Ct.App.2005) (citing Ward v. Ward, 825 So.2d 713, 719 (¶ 21) (Miss.Ct.App.2002); Dunaway v. Dunaway, 749 So.2d 1112, 1118 (¶ 14) (Miss.Ct. App.1999)).
¶ 20. In the present case, the record reflects that only Bobby attempted to provide the chancellor with evidence regarding the valuations of the marital property. By contrast, the record shows that Kris failed to present any documents indicating her assets or liabilities, and she failed to place any valuation whatsoever on the marital property at issue. The chancellor's opinion reflects that he utilized valuations set forth in trial exhibit three. Kris argues that the chancellor committed reversible error by not appointing experts to appraise the couple's assets. However, this Court refuses to blame the chancellor for a party's failure to present sufficient evidence of property valuation. Faced with similar circumstances, we provided as follows in Dunaway, 749 So.2d at 1121 (¶ 28), stating:
¶ 21. As explained in Dunaway, 749 So.2d at 1121 (¶ 28), it is not the chancellor's duty to obtain appraisals of the marital property. Kris cannot now complain that the chancellor's valuations are unfair when no reliable evidence of the value of the property was presented by her at trial, especially after she provided no objection at trial as to the valuations provided by Bobby. As in Dunaway, the chancellor in the present case was faced with less than ideal proof, but he classified and divided the marital property in a way that was supported by the evidence presented by Bobby and testimony at trial. In the absence of any evidence as to the marital property valuations presented on Kris's
¶ 22. Lastly, Kris argues that the chancellor committed reversible error in his determination of the date of evaluation for the marital property. Kris contends that the chancellor should have used the date of trial, rather than the date the temporary order was entered, in setting the valuation date for the property division. In response, Bobby contends that the valuation date is within the discretion of the chancellor, see Hensarling v. Hensarling, 824 So.2d 583, 591 (¶ 25) (Miss. 2002); thus, the date set by the chancellor was wholly proper.
¶ 23. Because we have held that the valuation date falls within the discretion of the chancellor when equitably dividing marital property upon divorce, Bullock v. Bullock, 733 So.2d 292, 298-99 (¶ 37) (Miss.Ct.App.1998) (citing MacDonald v. MacDonald, 698 So.2d 1079, 1086 (Miss. 1997)), we must find that the chancellor in the present case did not abuse his discretion in setting the date of valuation as the date the temporary order was entered.
¶ 24.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., MYERS, BARNES, ISHEE, ROBERTS AND MAXWELL, JJ., CONCUR. RUSSELL, J., NOT PARTICIPATING.