In an opinion authored by Justice George H. Carley, the Supreme Court has unanimously affirmed a Morgan County Superior Court judge in Johnston v. Johnston.
At issue in this appeal is how the term "marital home" is to be defined with respect to the parties’ divorce decree. Wife claimed that it referred not only to a mobile home but also to the property on which it was located. Husband claimed that it referred only to the mobile home because "the real property . . . was owned by [him] prior to the marriage." The trial court ruled in his favor.
In the absence of a transcript of the hearing at which the trial court arrived at its determination, the Supreme Court notes that "there is no evidence that the mobile home was permanently attached to the real property on which it was situated." As a result, the Court ruled that "the ‘marital home’ consisted entirely of personal property," and "insofar as the real property is concerned, we must presume that the evidence supports the trial court’s finding that it was Husband’s separate property and not a marital asset."
SOURCE: Supreme Court of Georgia