2009 OVISSI v. SALEMI: Dowry is Sole and Separate Property of Wife
In 2009 Ovissi v. Salemi, post-separation, the Husband used a line of credit against a marital residence and paid the Wife’s dowry of $60,000.00. In accounting for the use of the line of credit, the Trial Court denied credit for payment of the dowry to the Wife and treated it as payment for a non-marital debt.
Husband appealed but confirmed: “…., we conclude the trial court properly determined that the $60,000 sum was wife’s “marriage portion” made pursuant to the parties’ Iranian marriage certificate and payable to wife on demand. The trial court noted the marriage portion was similar to a dowry and constituted her sole and separate property.
Finding that husband paid the sum to wife after separation, the trial court applied factor 10 of Code§ 20-107.3(E) to determine that husband’s use of the line of credit to pay wife $60,000 was use for a non-marital purpose. Under these circumstances, we conclude the trial court’s determinations were not in error..”
