Joyce Elizabeth Czajkowski v. Kenneth Labowitz, Adm ( 2000 )


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  •                         COURT OF APPEALS OF VIRGINIA
    Present: Judges Willis, Bumgardner and Frank
    Argued at Alexandria, Virginia
    JOYCE ELIZABETH CZAJKOWSKI
    MEMORANDUM OPINION * BY
    v.   Record No. 1981-99-4             JUDGE JERE M. H. WILLIS, JR.
    MARCH 21, 2000
    KENNETH E. LABOWITZ, AS ADMINISTRATOR C.T.A.
    OF THE ESTATE OF ANTHONY F. CZAJKOWSKI
    FROM THE CIRCUIT COURT OF ARLINGTON COUNTY
    Benjamin N. A. Kendrick, Judge
    Robert A. Payne (Fagelson, Schonberger,
    Payne & Deichmeister, P.C., on briefs), for
    appellant.
    Kenneth E. Labowitz (Jason D. Blatt; Dingman
    Labowitz, P.C., on brief), for appellee.
    On appeal from the denial of a contempt citation, Joyce
    Elizabeth Czajkowski contends that the trial court erred in
    holding that a deed to her former husband and herself conveyed
    title as tenants in common, rather than as joint tenants with
    the right of survivorship.     Because this holding was not
    embraced by the pleadings within the scope of the parties'
    divorce action, we reverse and vacate the holding without
    prejudice.
    Anthony and Joyce Czajkowski, while married, owned a
    condominium as tenants by the entireties.     They separated in
    * Pursuant to Code § 17.1-413, recodifying Code
    § 17-116.010, this opinion is not designated for publication.
    1988 and lived apart thereafter.   On December 26, 1996, they
    executed a marital settlement agreement which provided, in
    relevant part, as follows:
    II. C. The Husband and Wife will retain
    ownership as joint tenants with common law
    rights of survivorship of the condominium
    . . . subject to the following:
    1. Wife shall have the exclusive
    right to use said condominium as her
    residence. Wife shall be responsible for
    paying the condominium fees of said
    condominium and maintaining the property in
    a habitable condition.
    2. Wife shall have the sole right
    to sell said condominium. Husband and Wife
    will share the difference equally, if any,
    between the selling price of said property
    and the mortgage principal balance
    outstanding on the date of sale.
    3. Should Wife desire to obtain
    sole title to the property, Husband shall
    transfer his interest to her for 50 percent
    of the difference between the property's
    fair market value and the mortgage principal
    balance outstanding at that time of
    transfer.
    By decree entered June 3, 1997, Anthony and Joyce were
    granted a divorce a vinculo matrimonii.    The decree provided, in
    pertinent part:
    [I]t is further . . .
    ADJUDGED, ORDERED and DECREED that the
    Property Settlement Agreement dated December
    26, 1996, is affirmed, ratified and
    incorporated, but not merged in this decree.
    The divorce decree converted the tenancy by the entireties to a
    tenancy in common.   See Code § 20-111.   On December 22, 1997,
    Anthony and Joyce executed a general warranty deed conveying the
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    condominium to themselves "as joint tenants with common law
    right of survivorship."
    Anthony died on October 31, 1998.        Kenneth E. Labowitz
    qualified as Administrator C.T.A. of his estate.         By deed dated
    December 28, 1998, Joyce, "divorced and not remarried, surviving
    joint tenant of Anthony F. Czajkowski, deceased," conveyed the
    condominium to herself.       The deed recited:
    The above-named Anthony F. Czajkowski
    departed this life on October 31, 1998,
    . . . leaving Joyce E. Czajkowski as his
    surviving joint tenant.
    *     *        *       *       *    *     *
    The purpose of this deed is to ratify and
    confirm ownership of Joyce E. Czajkowski
    upon the death of Anthony F. Czajkowski.
    Labowitz, as administrator of Anthony's estate, petitioned
    the trial court to hold Joyce in contempt for refusing to pay
    Anthony's estate one-half of the equity in the condominium
    pursuant to Part IIC(3) of the marital settlement agreement.        By
    decree entered August 4, 1999, the trial court declined to hold
    Joyce in contempt, ruling that
    there being no provision in the Marital
    Settlement Agreement or final decree of
    divorce that has been violated by [Joyce],
    the prayer in the petition filed by the
    Administrator for the entry of a decree
    directing the Defendant, Joyce Czajkowski,
    to show cause why she should not be judged
    in contempt should be, and same hereby is,
    denied . . . .
    That ruling has not been appealed.
    - 3 -
    The trial court further held:
    [U]pon the entry of the final decree of
    divorce herein, the parties' ownership of
    the subject condominium was that of tenants
    in common and the General Warranty Deed
    dated December 22, 1997 and Deed of
    Confirmation dated December 28, 1998 were
    ineffective to create a joint tenancy with
    survivorship.
    On appeal, Joyce contends that the trial court erroneously
    construed the December 22, 1997 deed.
    The trial court found no violation of the marital
    settlement agreement or of the divorce decree.     See Funches v.
    Funches, 
    243 Va. 26
    , 31, 
    413 S.E.2d 44
    , 47 (1992); Jackson v.
    Jackson, 
    211 Va. 718
    , 719, 
    180 S.E.2d 500
    , 500 (1971).      That
    ruling was not appealed and is final.    That ruling was correct.
    At issue are the rights of the parties under the December 22,
    1997 deed.    That Joyce and Anthony executed the deed in
    furtherance of their marital settlement agreement, as approved
    and incorporated in the divorce decree, is of no consequence.
    When they executed the deed, they were no longer married.     They
    were legal strangers, free to contract as they thought proper.
    They had the right, upon agreement, to vary the property
    settlement provisions of their marital settlement and the
    divorce decree.    We note that on January 29, 1998, they executed
    an amendment to the marital settlement agreement, containing
    provisions not relevant to this case.
    - 4 -
    "Jurisdiction in divorce suits may not be acquired
    inferentially or through indirection because divorce in Virginia
    is a creature of statutes enacted in clear, detailed language."
    Steinberg v. Steinberg, 
    11 Va. App. 323
    , 328-29, 
    398 S.E.2d 507
    ,
    510 (1990).
    "A suit for divorce . . . does not
    involve an appeal to the general
    jurisdiction of the equity forum. The many
    limitations, both in respect to jurisdiction
    and procedure, placed upon divorce suits by
    the statute, differentiate the divorce case
    from ordinary suits in equity and render it
    a chancery case sui generis."
    Reid v. Reid, 
    245 Va. 409
    , 413, 
    429 S.E.2d 208
    , 210 (1993)
    (citations omitted).
    [A] decree may . . . be void if "the
    character of the judgment was not such as
    the court had the power to render, or [if]
    the mode of procedure employed by the court
    was such as it might not lawfully adopt."
    Watkins v. Watkins, 
    220 Va. 1051
    , 1054, 
    625 S.E.2d 750
    , 752-53
    (1980) (citation omitted).
    The ruling on appeal involved the construction of the
    December 22, 1997 deed, an instrument between legal strangers.
    The issues raised in that ruling did not derive from the
    parties' marriage, their marital settlement agreement, or their
    divorce decree and, thus, were not properly embraced within the
    divorce suit or the administrator's petition.   Those issues
    could be addressed only in a court of general law or equity
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    jurisdiction.   The trial court, sitting as a divorce court,
    lacked that jurisdiction.
    Accordingly, we reverse and vacate the trial court's
    holding that the December 27, 1997 deed created a tenancy in
    common.   That part of the August 4, 1999 decree is dismissed
    without prejudice to the parties, who may address that issue in
    a proper forum, if they be so advised.
    Reversed and vacated
    without prejudice.
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Document Info

Docket Number: 1981994

Filed Date: 3/21/2000

Precedential Status: Non-Precedential

Modified Date: 10/30/2014