Henderson v. Henderson

In Henderson v. Henderson, Mercer App. No. 10-01-17, 2002 Ohio 2720, defendant-appellant, Wayne Henderson, argued that the trial court erred in not awarding him his separate property that was now part of a jointly-held IRA. Henderson at P26, 29. At trial, Henderson testified that he transferred separate funds in the amount of $ 2,700 from a 401K plan into a jointly-held IRA created during the marriage. Id. at P29. The trial court determined that the entire jointly-held IRA was marital property that was subject to an equal division. Id. Upon review, the appellate court determined that, aside from Henderson's testimony, there was "no further evidence introduced at trial supporting his assertion or contesting his assertion." The court, in its decision to reverse the trial court's classification of the entire jointly-held IRA as marital property, determined that "the record is simply void of evidence challenging Henderson's testimony that the $ 2,700.00 is his separate property." Id. at P30. The appellate court then concluded by stating, "despite the lack of evidence supporting Henderson's assertion and the deference due the trial court," the trial "court's classification of the property was against the manifest weight of the evidence" Id.