Ex Parte Proctor

We granted certiorari review to determine whether the Court of Civil Appeals' decision in this case conflicts withSketo v. Sketo, 608 So.2d 759 (Ala.Civ.App. 1992), and Welchv. Welch, 636 So.2d 464 (Ala.Civ.App. 1994). The Court of Civil Appeals, without an opinion, affirmed the trial court's property division in this divorce case. Proctor v. Proctor,696 So.2d 1095 (Ala.Civ.App. 1996) (table). We reverse and remand.

The facts stated here are taken from the statement of facts contained in the petitioner's Ala. R. App. P. 39(k) motion by reference to the "statement of facts" and "argument"…