Hale v. Hale

I concur in the result reached in the majority opinion, but do not agree with the reasoning expressed in it.

This case involves the interpretation of Ark. Code Ann. § 9-12-315 (1987), the statute providing for the division of property upon divorce. The holding of the majority opinion is that by mortgaging his 119 acres of non-marital property, the appellant converted his non-marital property into security for a marital debt and relinquished any protected status for this property that he might have had under the division of property statute.

The cited statute provides for division of non-marital…