Catlett v. Catlett

2009 ME 49, 970 A.2d 287, 2009 Me. LEXIS 49, 2009 WL 1298989
CourtSupreme Judicial Court of Maine
DecidedMay 12, 2009
DocketDocket: Aro-08-334
StatusPublished
Cited by6 cases

This text of 2009 ME 49 (Catlett v. Catlett) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Catlett v. Catlett, 2009 ME 49, 970 A.2d 287, 2009 Me. LEXIS 49, 2009 WL 1298989 (Me. 2009).

Opinion

MEAD, J.

[¶ 1] David Catlett appeals from a divorce judgment entered by the District Court (Presque Isle, O’Mara, J.). David argues that the court erred in: (1) finding that the Chapman Farm real estate was nonmarital; (2) finding that Carla did not engage in economic misconduct; (3) dividing the marital property; (4) determining Carla’s general spousal support award; and (5) adopting Carla’s proposed divorce judgment. Because the court’s findings on the Chapman Farm and economic misconduct were not in error, and the court properly applied 19-A M.R.S. § 953 (2008) when dividing the marital property, and 19-A M.R.S. § 951-A (2008) when determining spousal support, we affirm the judgment.

I. BACKGROUND

[¶ 2] Carla and David Catlett were married on November 16, 1976, and Carla filed for divorce on November 14, 2006, citing irreconcilable marital differences. At the time of the court’s judgment, Carla was fifty-three years old and David was fifty-one years old. The couple has two grown children.

[¶ 3] Carla and David met in Maine when David was stationed in Ashland as a radar technician for the United States Air Force. For most of the couple’s marriage, David served in the Air Force. They lived in a variety of states, as well as overseas. Carla, who has little education beyond high school, was a homemaker and the primary caretaker of the couple’s children. She also held a variety of part- and full-time entry-level positions. Near the end of his tenure with the military, David obtained a bachelor’s and master’s degree in Business Administration, while continuing to work full-time. During this time, the couple enjoyed a comfortable middle-class lifestyle.

[¶ 4] In 1998, after twenty-two years in the military, David retired, having obtained the rank of Chief Master Sergeant. David began working for Raytheon Training Systems Company/L-3 Communications in Texas, and earned a second master’s degree in Science and Marketing Research. In 2000, David left L-3 Communications, and he and Carla started a successful business, Biz Growth Associates. Carla performed office duties and was in charge of billing, answering the phone, and coordinating meetings, while David made all the management decisions. The couple resided in Mississippi and Texas during this time.

[¶ 5] In the summer of 2002, the couple relocated from Texas to Presque Isle, so that their youngest child could attend the University of Maine at Presque Isle, and Carla could be near her elderly parents. Upon their return to Maine, the couple purchased a residence at 14 Pleasant Street, Presque Isle. They resided in this house while saving money to finance the construction of a new home on property located in Chapman consisting of eighty acres and a pre-existing home. Carla’s parents had conveyed this property, *290 known as the Chapman Farm, to Carla and David in 1997, reserving a life estate to remain in effect until Carla’s parents were unable to reside at the home. 1 In 2003, David and Carla purchased additional residences at 10 and 12 Pleasant Street, Presque Isle. The home at 12 Pleasant Street was torn down and the 10 Pleasant Street property was used as a rental property until the end of 2006.

[¶ 6] Although Biz Growth was relocated to Maine, the company^ clients remained located outside of New England. David spent most of his time away from Maine and Carla, spending 311 days in 2003, and 331 days in 2004 on the road. He would send his paycheck to Carla, who would deposit the money into the couple’s joint banking accounts. Carla used money from these accounts for her day-to-day living expenses in Maine. She continued to work for Biz Growth part-time until October 2005.

[¶ 7] In October 2005, David returned to L-3 Communications, in Texas, taking a position as the director of marketing research. He continues to work for L-3 Communications in this capacity. Between October 2005 and August 2007, Carla was not employed. In August 2007, she took her current job with Mac Gray services, and works approximately twenty to twenty-five hours per month collecting and depositing money from laundry machines on college campuses. From October 2005 until the time of the divorce, Carla resided in Maine, in the couple’s home at 14 Pleasant Street, and David resided in Texas in a rented apartment.

[¶ 8] Although David and Carla lived in different states, they continued to file joint income tax returns, and reported a gross income of $172,261 in 2006, and $220,933 in 2007. David also consistently sent Carla $2500 per month, and sent his daughter $1000 per month to cover her tuition and rent.

[¶ 9] In December 2005, David conveyed his interest in the Chapman Farm to Carla by quitclaim deed. In March 2006, David conveyed his interest in the 14 Pleasant Street residence to Carla in a similar manner. The deed for 10 and 12 Pleasant Street has always been in Carla’s name only.

[¶ 10] Upon their daughter’s graduation from college in the spring of 2006, David discontinued his monthly payment to her, but continued to pay Carla $2500 per month. Carla requested that David send her $3500 per month, but David declined. At this point, Carla felt it was “time to see a lawyer.”

[¶ 11] On November 14, 2006, Carla filed for divorce. At the interim healing held on May 25, 2007, Carla testified that her expenses were approximately $2100, and that David had been sending $2500 monthly. The court’s order pending a final hearing found that David had been directly paying many of Carla’s expenses since the time of the couple’s separation in October 2005, and that her actual monthly expenses exceeded $2500. David was ordered to pay $3500 per month in interim spousal support. He has made those payments as ordered.

[¶ 12] A final hearing was held on April 14 and 18, 2008. At the end of the hearing, the parties presented the court with proposed judgments. On May 2, 2008, the court entered its final judgment.

A. Division of Property

[¶ 13] The court valued and divided the marital property as follows:

*291 1. Real Property

[¶ 14] The property located at 14 Pleasant Street was not subject to any mortgage debt and was valued at $48,000. The court found this real estate to be marital property and awarded it to Carla.

[¶ 15] The properties located at 10 and 12 Pleasant Street were not subject to any mortgage debt. The property at 10 Pleasant Street was valued at $40,000, and the lot at 12 Pleasant Street was valued at $10,000. The court found that Carla was attempting to sell these properties, and the real estate was marital. This real estate was awarded to Carla.

[¶ 16] With regard to the Chapman Farm, the court found that “upon the transfer from [Carla’s] parents to the parties jointly this property became marital property, without restriction.” The court found the Chapman Farm to be nonmari-tal, however, stating, “upon the transfer from [David] to [Carla], at the time when the parties were living apart, [David] surrendered his marital interest in the real estate, without restriction.” The Chapman Farm was characterized as Carla’s non-marital property, and was assigned no monetary value.

2. Personal Property

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Cite This Page — Counsel Stack

Bluebook (online)
2009 ME 49, 970 A.2d 287, 2009 Me. LEXIS 49, 2009 WL 1298989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catlett-v-catlett-me-2009.