Dyar v. Dyar

This is a divorce case.

The husband appeals, primarily contending that the trial court erred in awarding the parties' marital home to the wife. We affirm.

At the outset we note that we are governed in this case by the ore tenus rule. Because the evidence in this case was presented to the trial court ore tenus, its judgment is presumed to be correct and will not be set aside by this court unless it is plainly and palpably wrong or unjust. Brannon v.Brannon, 477 So.2d 445 (Ala.Civ.App. 1985); Nowell v. Nowell,474 So.2d 1128 (Ala.Civ.App. 1985).

Upon divorcing the parties, the trial court made a…