Manns v. Manns

COUCH, Judge. While the appellant has framed the issues in this case differently, we perceive the essential issue to be whether the District Court of Maryland had subject matter jurisdiction over a matter involving contribution between ex spouses (now tenants in common) for expenses paid by one spouse for the benefit of the commonly owned real property. It is also contended that the District Court erred in making an award of contribution to a co-tenant by not fully considering the impact of a use and possession order under the Maryland Family Law Article. Ernest Manns, appellant, and Betty Manns, appellee, husband and wife, came to a parting of the ways in 1979 with appellant leaving the marital home.

Appellee thereupon filed an action in the Circuit Court for Baltimore City for a divorce a mensa et thoro, wherein she sought, among other things, alimony pendente lite, child support and custody, and use and possession of the family home. 1 Following a ³⁴⁹ hearing before a Master, it was recommended by the master that the relief sought be granted. Exceptions to the recommendation relative to child support payments and a lump sum payment of arrears were taken by appellant. After a hearing on these exceptions, the circuit court dismissed the exceptions and issued an order as follows: “1. That the Defendant is to make a lump sum payment of the arrears due up to and including October 9, 1980, in the sum of $988.80. as ordered by the Court and has failed to do so. 2.

That in addition, he is to continue to pay the sum of $61.80 per week for child support payments on behalf of the two minor children of the parties, which total sum represents $30.90 on behalf of each minor child. 3. That the child support payments of $61.80 per week are to be paid to the Probation Department of Baltimore City. 4. That in addition, to the aforesaid child support payments the Defendant, ERNEST MANNS, is to pay the sum of $10.00 per week on the arrearages. 5. That a lien issue in the sum of $71.80 per week against the earnings and/or other form of periodic payments due or to be due the Defendant, ERNEST MANNS; and LOCKE INSULATOR INC., the existing employer of the Defendant, and any future employer upon whom a copy of this Order may be served, be and they are hereby directed and ordered to deduct the afore ³⁵⁰ said sum from the earnings and/or other form of periodic payments due or to be due the Defendant, and remit to: Probation Department of Baltimore City Third Floor Tower Building Baltimore, MD 21202 for and on account of child support payments due to Plaintiff.” It is observed that no mention was made as to the use and possession of the “family home.” It would appear, however, that appellee and her children continued to live in the home, paying the mortgage thereon, paying the utilities, costs, and expenses incident to the upkeep of the property.

In August, 1981, the appellant filed a bill in the Circuit Court for Baltimore City for a divorce a vinculo matrimonii, which was subsequently granted to him. In its decree the court, inter alia, specifically found the real property of the parties to be a “family home” within the purview of Maryland Code, Courts and Judicial Proceedings Article, § 3-6A-01(b), now Family Law Article, § 8-201(c). The decree also awarded appellee the exclusive use and possession thereof for one year subject to the usual provision with respect to remarriage, death, or abandonment of the use and possession. Furthermore, the decree provided that during the one year use and possession, appellee was to make all mortgage payments.

Finally, the decree appears to have disposed of the other jointly held assets. It is to be noted that the decree did not declare the “family home” to be marital property as was proper under § 8-203(c) 2 of the Family Law Article. ³⁵¹ After the termination of the use and possession provision in July, 1983, the property was sold by agreement of the parties and the net proceeds of the sale were divided equally between them. Subsequently, the appellee filed the instant action in the District Court of Maryland seeking contribution for one half of the sums she expended for mortgage payments, escrow shortages, alley paving liens, neighborhood association dues, and aluminum siding on the family home. Judgment in the amount of $6,642.16 was entered in favor of the appellee, which judgment was affirmed on appeal to the circuit court.

We granted certiorari to answer these questions of public interest. We shall affirm the judgment of the circuit court. The thrust of appellant’s argument, as put by him, is “in cases involving absolute divorce or annulment wherein a use and possession order has been entered, a party seeking contribution for payments made in preserving marital property, which is the subject of the order, must do so in the form of a monetary award. The Chancellor in making an award must consider all those factors as outline[d] in sec. 8-205 of the Family Law Article.” Consequently, appellant claims, the