This appeal arises out of the trial court's division of property in a divorce case. Vincent Simmons appeals from the trial court's order awarding to his wife, Dorothy Simmons, a one-half interest in land that he had inherited from his parents. Vincent contends that the land is nonmarital propcrty and consequently, should have remained his separate property. Vincent and Dorothy Simmons were married in 1976. Vincent's mother executed a trust in order to convey the land in Florida to her children, Vincent and his sister, upon her death. Louise Simmons died on April 1, 1999, but the land remained in trust for several years after her death. After Louise died, Dorothy became concerned that she would not receive an interest in the Florida land if Vincent died before the trust was distributed, so she hired an attomey in Monticello, David Chambers, to prepare a document to protect her interest. In the document, Vincent states, in part, "It is my intention, through this affidavit, to convey to my said wife marital interest in said real property. If I should die prior to the above-stated Trust being dissolved, then my said wife shall receive my share of said real property as her own property." In 2003, Dorothy filed for divorce. Vincent argued that there was a total absence of consideration to support a contract in this case. Dorothy argued that her ongoing marriage to Vincent constituted adequate consideration to support the contract. Who is correct? Why? [Vincent Simmons v. Dorothy Simmons, 98 Ark. App. 12 (Ark. Cl. App. 2007).]

Vincent Simmons as well as his wife, Dorothy Simmons, are divorcing and the dispute revolves on how they will divide their assets. Vincent Simmons files suit against his wife, Dorothy, who is named as the defendant. This is exacerbated by the fact that Vincent Simmons has inherited property from the couple, which has led to tensions between the two. Simmons first claimed the acreage was his independent property and an asset he brought into the marriage. Louise, Simmons' mother, then transferred the land to Simmons as well as his sister, and the siblings split it down the middle. In the years after Louise Simmons's death, the farm changed hands multiple times until Dorothy Simmons, Louise's widow, retained the services of Monticello attorney David Chambers to help with her right to inherit the Simmons's land (Cavers, 1937). Dorothy said that if her husband were to pass away before the trust property was distributed, she would get nothing. Simmons signed a document agreeing that if he passes away before the trust property is divided, his wife Dorothy would get a portion of the assets. Dorothy filed for divorce from Simmons in 2003 and claimed a division of their assets in accordance with the law. Simmons refused to allow the divorce decree to apply the binding agreement to the property he had previously declared to be non-marital. Therefore, Dorothy had every right to insist on the property being treated as separate from the marital estate, as her husband had originally said. Nonetheless, the second spouse signed it over to the survivor spouse. Dorothy is backed by the divorce law of Nevada, which stipulates that, absent a prenuptial agreement, both spouses are entitled to an equal share of any money, real estate, or other property acquired during the marriage.

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This appeal arises out of the trial court's division of property in a divorce case. Vincent Simmons appeals from the trial court's order awarding to his wife, Dorothy Simmons, a one-half interest in land that he had inherited from his parents. Vincent contends that the land is nonmarital propcrty and consequently, shou