Dm v. Da

885 P.2d 94, 1994 Alas. LEXIS 118, 1994 WL 671558
CourtAlaska Supreme Court
DecidedDecember 2, 1994
DocketS-5576
StatusPublished

This text of 885 P.2d 94 (Dm v. Da) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dm v. Da, 885 P.2d 94, 1994 Alas. LEXIS 118, 1994 WL 671558 (Ala. 1994).

Opinion

885 P.2d 94 (1994)

D.M., Appellant,
v.
D.A., Appellee.

No. S-5576.

Supreme Court of Alaska.

December 2, 1994.

*95 Allison E. Mendel, Mendel & Huntington, Anchorage, for appellant.

Kathleen C. Barron, Wasilla, for appellee.

Before MOORE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and EASTAUGH, JJ.

OPINION

MATTHEWS, Justice.

D.M. and D.A. were involved in a personal relationship from 1985 to 1991 and engaged in a business partnership from 1987 to 1991. This case involves the dissolution and winding up of the partnership and the ownership of a house in which both lived. D.M. claims that the trial court erred in awarding the house to D.A. despite a quitclaim deed from D.A. to D.M. and D.A. and in failing to account for and distribute the assets of the partnership properly.

I. FACTS AND PROCEEDINGS

D.M. and D.A. began an intimate personal relationship in 1985. Except for a period between March and June 1986, they lived together from early 1985 until March 1991. They originally lived in D.M.'s home and moved into D.A.'s house in Palmer (the Palmer property) in November 1986. The Palmer property consists of a house and two barns on approximately twenty acres, and is encumbered by two mortgages, with monthly payments of $685 and $350. D.M. made the larger of the two mortgage payments for most of the time that she lived at the Palmer property. She took a tax deduction in 1987 for payments made on the property. D.M. also contributed labor and money to improvements to the property.

On December 30, 1988, D.A. quitclaimed her interest in the property to herself and D.M., "in consideration of love and affection." At the time of the trial, the Palmer property was appraised at $147,500, with $60,000 owed on the mortgages.

During the period in which D.M. and D.A. lived together, D.M. was the primary wage earner. She earned approximately $50,000 per year. D.A. earned approximately $10,000 per year.

In 1987, D.M. and D.A. entered into a horse breeding partnership called W.R. Arabians (W.R.). Each purchased an Arabian stallion for $5,000 to start the business. In 1988, W.R. purchased R.H. Almaz, an Arabian mare, for $35,000, plus the right to the firstborn mare. This purchase price included the right to breed Almaz back to a particular stallion. At the time of trial, W.R. had delivered the foal promised as part of the purchase price of the mare, and retained two other foals produced by Almaz. A fourth foal had been sold. W.R. had liabilities of approximately $16,000 to $17,000. D.M. and D.A. stipulated at trial that D.M. owned 73% of the partnership and D.A. owned 27%.[1]

D.M. and D.A. separated in March 1991. Both signed an agreement dividing their accumulated property in April 1991. This contract was never performed. Instead, D.A. filed a petition for dissolution of the partnership in May 1991. D.M. counterclaimed for enforcement of the April contract, division of any remaining partnership assets, possession of personal property, and partition of the Palmer property.

*96 Following trial, the court held that the April contract was void because D.A. signed it under duress.[2] The court also concluded that D.M. was not entitled to any interest in the Palmer property, based on a finding that it was the parties' intent to transfer the property only for tax purposes. Finally, the court held that D.M.'s contributions to the Palmer property above and beyond its rental value to her approximately equaled the value of D.A.'s interest in W.R. Therefore, the court awarded D.A. the Palmer property and D.M.W.R. The court also divided the parties' personal property.

On appeal, D.M. argues that the trial court erred 1) in failing to award her a half interest in the Palmer property based on the deed; 2) in failing to account for and distribute the assets of the partnership; and 3) in valuing the horses owned by the partnership. We address each argument in turn.

II. DISCUSSION

1. The Palmer Property

The deed D.A. executed on December 30, 1988, conveyed her interest in the Palmer property to herself and D.M. It does not specify the particular interest that each was to receive. A deed to two or more people of a single piece of property creates a tenancy in common in that property. AS 34.15.110(a). Tenants in common are presumed to take equal undivided interests in the property, although this presumption may be rebutted. Sanders v. Knapp, 674 P.2d 385, 387 (Colo. App. 1983); Sack v. Tomlin, 110 Nev. 204, 871 P.2d 298, 304 (1994); Cummings v. Anderson, 94 Wash.2d 135, 614 P.2d 1283, 1287 (1980); see also Annotation, Presumption and proof as to shares of respective grantees or transferees in conveyance or transfer to two or more persons as tenants in common, silent in that regard, 156 A.L.R. 515, 516 (1945) [hereinafter, Annotation, Shares of tenants in common]. Therefore, on its face and without additional evidence, the deed D.A. executed conveyed undivided one-half interests in the Palmer property to both D.A. and D.M. The trial court held that D.M. received no interest, however, because it found, by a preponderance of the evidence, that D.A. only intended to allow D.M. to be able to take legal tax deductions on the property. Although neither the parties nor the court identified a legal basis for denying the grantee on a deed her interest in the property based on a finding that the grantor only intended to allow for tax deductions, we assume that the court intended to reform the deed.[3] Reformation of an instrument is the proper remedy where it is alleged that the instrument does not conform to the actual intentions of the parties.[4]See Oaksmith v. Brusich, 774 P.2d 191, 197 (Alaska 1989) ("Reformation is a means of correcting mutual *97 mistakes and of conforming a contract to the clear intention of the parties."); Riley v. Northern Commercial Co., 648 P.2d 961, 969 (Alaska 1982).

Reformation may be granted, however, only when it is shown by clear and convincing evidence that it is appropriate. Fireman's Fund Mortg. Corp. v. Allstate Ins. Co., 838 P.2d 790, 797 (Alaska 1992); Oaksmith, 774 P.2d at 197. The trial court did not apply this evidentiary standard. Instead it repeatedly stated that it found the parties' intent "by a preponderance of the evidence." Remand is therefore necessary so that the superior court might consider D.A.'s reformation claim under the proper evidentiary standard.

On remand, the trial court should first determine whether the deed was executed in accordance with a contract between the parties or was a gift conveyance.[5] D.A.'s claim for reformation of the deed depends on the resolution of this question. If the property was conveyed by contract, then D.A. must prove by clear and convincing evidence 1) that the actual agreement between herself and D.M.

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Bluebook (online)
885 P.2d 94, 1994 Alas. LEXIS 118, 1994 WL 671558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dm-v-da-alaska-1994.