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Appellate panel reverses lower court’s ruling on divorce case property dispute
KEITH ARNOLD
Special to the Legal News
Published: December 17, 2024
A Franklin County appellate panel reversed a trial court’s determination that church property partially owned by a Columbus-area couple was marital property and subject to sale, with the proceeds to be distributed between the parties in a divorce proceeding.
The Tenth District Court of Appeals judges found that the Franklin County Common Pleas Court failed to consider Christ International Outreach Ministries’ co-ownership status of the church building located at 793 Parsons Ave., in Columbus’ Shumacher Place neighborhood.
“The trial court’s characterization of the church property as marital property owned by Nathaniel and Sharon (Johnson) is not supported by competent, credible evidence, in light of the trial court’s acknowledgment … that Christ International Outreach Ministries held an ownership interest in the church property,” Tenth District Judge Kristin Boggs wrote for the 3-0 panel. “The trial court’s judgment erroneously adjudicated the rights of Christ International Outreach Ministries, which was not a party to this action.”
According to case background, Nathaniel Johnson filed a complaint for divorce Feb. 2, 2022. His wife filed an answer and counterclaim for divorce in response.
The common pleas court granted the divorce based on stipulations that the Johnsons were incompatible and had lived separately for more than a year, summary provided.
Before the trial court issued a judgement in the divorce trial, Nathaniel Johnson filed a motion asking the court to determine that the church building was not a marital asset subject to division or distribution.
The Johnsons each had listed the church property as property titled in both their names, summary detailed.
In his motion, Johnson stated that the Franklin County auditor’s website listed Christ International Outreach Ministries as an owner of the property.
He additionally submitted a copy of the warranty deed, dated Sept. 2, 2015, by which the Ohio Apostolic Church of Jesus conveyed the church property to Christ International Outreach Ministries and the Johnsons, individually.
The trial court, without ruling on the man’s motion, issued its judgment entry-decree of divorce Feb. 2, 2024, summary provided.
The court held that the church property was gifted to the parties in 2015 by its former owners and characterized the church property as marital property and ordered the sale of the property with proceeds to be divided equally between them.
Johnson appealed the judgment on the basis that the trial court erred or otherwise abused its discretion and committed prejudicial error by ordering the sale and distribution of property not legally owned by either party in this proceeding.
“The trial court took judicial notice of public records available on the Franklin County Auditor’s website, which indicated that Christ International Outreach Ministries was at least a partial owner of the church property,” Boggs wrote. “The auditor’s property summary for the church property lists Christ International Outreach Ministries, Johnson Sharon R., and Johnson Nathanial as owners of the property.”
The appellate panel considered the church’s articles of incorporation filed with the Ohio secretary of state’s office, which lists Christ International Outreach Ministries’ status as a non-profit corporation with Nathaniel Johnson named as director and Sharon Johnson named as authorized representative and statutory agent.
“As a corporation, Christ International Outreach Ministries is a legal entity distinct from its members,” Boggs noted. “Because the trial court’s determination that the church property is marital property subject to sale, without the involvement of Christ International Outreach Ministries, is not supported by competent, credible evidence, we reverse the judgment … and remand the matter to that court for further proceedings concerning the ownership and, if necessary, distribution of the church property.”
Presiding Judge Michael Mentel and Tenth District Judge David Leland concurred with Boggs’ opinion.
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