Brock v. Brock

936 S.W.2d 882, 1997 Mo. App. LEXIS 41, 1997 WL 9948
CourtMissouri Court of Appeals
DecidedJanuary 14, 1997
Docket67996, 68789
StatusPublished
Cited by13 cases

This text of 936 S.W.2d 882 (Brock v. Brock) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brock v. Brock, 936 S.W.2d 882, 1997 Mo. App. LEXIS 41, 1997 WL 9948 (Mo. Ct. App. 1997).

Opinion

HOFF, Judge.

Louis Brock (Husband) appeals the judgment and decree entered by the trial court dissolving his marriage. Husband challenges the trial court’s judgment in regard to: (1) the distribution of property; (2) orders concerning the marital residence; (3) a maintenance award to Wife; (4) child custody and child support; and (5) attorney’s fees. Virgie Brock (Wife) cross-appeals a post-judgment enforcement order of the dissolution decree regarding the sale of the marital residence. We affirm the decree in part; reverse the decree in part and remand for further hearing; and dismiss the cross-appeal.

The parties were married on November 1, 1976. Two children were bom of the marriage, who were ages 15 and 16 at the time of trial. Husband filed his petition for dissolution of marriage on October 16,1998. A trial was held in December of 1994. The trial court filed its judgment dissolving the marriage on March 17,1995.

On August 21, 1995, the trial court held Wife in contempt for continuing to disregard orders contained within the dissolution of marriage decree regarding the sale of the marital residence and violating a related order of enforcement granted to Husband. While incarcerated for contempt, Wife complied with the trial court’s order by signing the documents in controversy and was released from custody. This appeal of the dissolution of marriage decree and cross-appeal of the enforcement order followed.

On appeal, the judgment must be affirmed if it is supported by substantial evidence, is not against the weight of the evidence and neither erroneously declares nor applies the law. Mills v. Mills, 663 S.W.2d 369, 371 (Mo.App.1983). The appellant bears the burden of demonstrating trial court error in the judgment. Calia v. Calia, 624 S.W.2d 870, 872 (Mo.App.1981). Additionally, we will defer to the trial court’s determinations as to the credibility of witnesses. Mills, 663 S.W.2d at 371.

On direct appeal, Husband’s first six points allege the trial court erred in its distribution of property. First, Husband asserts the trial court erred in dividing the marital property because it awarded Wife a total of $315,812 when the total value of all the marital property was only $81,624. He also alleges the trial court erred in valuing shares of Brockworld Products, Inc. (Brock-world) stock and failing to distribute all the shares. Additionally, Husband contends the trial court erred in entering a cash judgment against him in the amount of $227,500 as an offset for receiving Wife’s share of the marital stock because the stock has no value and the remaining $50,380 does not correlate with any division of property, award of maintenance or support.

Furthermore, Husband asserts the trial court erred in dividing Husband’s accrued but unpaid salary from Brockworld. Finally, Husband alleges the trial court’s decree is *885 deficient because it does not make sufficient findings of fact as to the items of marital property and their value as required by Missouri law.

We find Husband’s second point to be dis-positive of the property division and accordingly must reverse the entire property portion of the dissolution judgment.

In Husband’s second point, he contends the trial court abused its discretion in awarding Wife $177,120 as an offset for 177,120 shares of Brockworld stock which the trial court found to be her share of the marital stock. Husband argues there was no substantial evidence to support the value assigned to the stock by the trial court because all evidence established that the stock had no market value.

At trial, the only evidence regarding the value of the Brockworld stock was a Brockworld balance sheet offered by Husband. This balance sheet was prepared by a Brockworld bookkeeper and was offered with little foundation or explanation. According to this exhibit, the stockholder’s equity was a negative $167,580. Neither party offered expert testimony as to the value of the Brock-world stock. Furthermore, there was no definitive testimony by any witness as to the value of the Brockworld stock.

From our review of the balance sheet, there is not substantial or competent evidence to support the trial court’s implied value of the Brockworld stock as one dollar per share, a total value of $871,250. Since the proper value of the Brockworld stock is essential to achieving a just division of property, we must reverse the entire portion of the dissolution decree regarding the division of property and remand to the trial court for further hearing. As a result, we will not otherwise address Husband’s other five points regarding the division of property.

Husband’s seventh and eighth points relate to trial court orders concerning the sale of the marital residence. Husband contends the trial court erred by ordering Husband to pay any costs of preparing the marital residence for sale and costs of any necessary major repairs to the house before sale because the trial court ordered these costs to be based on the recommendation and at the sole discretion of the listing agent. Additionally, Husband asserts the trial court erred by failing to order deductions of Husband’s payments on the first and second mortgages, major repairs, and insurance from the sale proceeds before the division of those proceeds between Husband and Wife. Because we find the entire property division must be reversed and remanded and the marital residence is an integral part of the marital property, we will not address Husband’s seventh and eighth points. Upon rehearing, the trial court is directed to be more specific regarding the division of the marital residence and any credits for payments made by either party. In addition, necessary home repairs should not be ordered based on a third party’s discretion except by agreement of the parties.

In his ninth point, Husband argues the trial court erred in awarding Wife permanent maintenance because there was no substantial evidence to support such an award. Husband contends Wife is able to support herself by appropriate employment outside the home and her circumstances as custodian of the children make it appropriate for her to seek employment outside the home.

A trial court has broad discretion in determining maintenance. Rich v. Rich, 871 S.W.2d 618, 624 (Mo.App.1994). In a marriage where a spouse relies on the other spouse for monetary support, and is out of the marketplace, thereby injuring the spouse’s marketable skills, this type of reliance may warrant an award of maintenance. Woolsey v. Woolsey, 904 S.W.2d 95, 99 (Mo.App.1995). Section 452.335.1 RSMo 1994 provides:

In a proceeding for ... dissolution of marriage ..., the court may grant a maintenance order to either spouse, but only if it finds that the spouse seeking maintenance:
(1) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and
*886

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Bluebook (online)
936 S.W.2d 882, 1997 Mo. App. LEXIS 41, 1997 WL 9948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brock-v-brock-moctapp-1997.