Marriage of Ramsey v. Ramsey

I dissent. The majority seems to be saying that the trial judge had the statutory power to order the sale of the property; that such power is unbridled, and, since he has the power, he did not abuse his discretion by exercising it. That is not our standard of review. Whether the trial judge abused his discretion is wholly dependent upon the facts and the circumstances presented at trial. The majority opinion is devoid of pertinent facts.

Peggy asserts the trial court abused its discretion by ordering the immediate sale, and division of the proceeds, of the marital residence. She argues that,…