Gardner v. Harris

923 P.2d 96, 1996 Alas. LEXIS 106, 1996 WL 532493
CourtAlaska Supreme Court
DecidedSeptember 20, 1996
DocketS-6648, S-6677
StatusPublished
Cited by6 cases

This text of 923 P.2d 96 (Gardner v. Harris) 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
Gardner v. Harris, 923 P.2d 96, 1996 Alas. LEXIS 106, 1996 WL 532493 (Ala. 1996).

Opinions

OPINION

CARPENETI, Justice Pro Tem.

I. INTRODUCTION

This is an appeal from the superior court’s property division in a divorce case. Joanne Gardner challenges the trial court’s finding that bonds purchased by Lee Harris prior to their marriage faded to transmute into marital property for purposes of equitable distribution. Harris cross-appeals the trial court’s refusal to require Gardner to repay her portion of loans collateralized by the bonds which were paid off when the bonds were called. Gardner also challenges the trial court’s amended finding that she owes Harris an additional $21,500.74 for her share of post-separation expenses.

We affirm the trial court’s determination as to the bonds and remand the order to pay post-separation expenses for additional findings.

II. FACTS AND PROCEEDINGS

The facts are largely undisputed. Joanne Gardner and Lee Harris married in September 1985 and separated in December 1992. During the marriage, both worked in the oil and gas exploration industry and each earned approximately $80,000 per year.

Shortly before the marriage, Harris invested $63,000 in Valdez Marine Terminal (VMT) bonds, to be worth $90,000 at maturity. Harris held these bonds in a separate account at Merrill Lynch until the summer of 1987, when he transferred them into the couple’s joint Merrill Lynch “Cash Management Account.” Harris and Gardner held the Cash Management Account as joint tenants with a right of survivorship. The couple’s Merrill Lynch stockbroker, Kenneth Jones, testified at trial that both Harris and Gardner possessed independent authority over this account, including individual discretion over whether to trade or cash in the VMT bonds.

Concurrent with the transfer of the bonds, the Cash Management Account became the couple’s primary joint financial account. Harris and Gardner made credit card transactions and wrote checks against the account; they each contributed their paychecks to the account; and they applied the bond’s interest income, which was rolled into the joint account at approximately $5,500 per year, toward joint expenses. Harris and Gardner also used the bonds to refinance real estate that the couple owned in Monterey, California, and a sailboat, both of which the trial court later found to be marital assets. In December 1993 and immediately before the February 1994 divorce trial, the VMT bonds were called. When the bonds were called, all loans collateralized by the bonds were paid off. The remaining cash balance in the couple’s Cash Management Account totalled $29,120.

After considering the evidence, the trial court found that the couple’s marital assets should be divided equally. The court set aside the balance of the parties’ joint Cash Management Account, finding that it was the separate property of Hands. The court found that although the VMT bonds had been placed into the joint account and had been jointly borrowed against, and that the interest income from the bonds had been exhausted for marital expenses, neither party [98]*98had cashed the bonds in, traded them, or added additional bonds to the corpus: “The corpus remained intact throughout the marriage, and matured as it would have even if the parties had never married; nor had ever placed them in a joint account.” The court gave weight to Harris’s testimony that “at no time did Ms. Gardner consider these bonds anything other than his.” The court concluded that although the bonds had been called, Harris would retain “the money left from the bonds” as his separate property.1

The trial court also addressed post-separation expenses, finding that Harris had spent $4,037.52 more than Gardner on joint post-separation expenses. The court therefore found that Gardner owed Harris fifty percent of this figure, or $2,019.

Harris thereafter moved to amend the findings and judgment or, alternatively, to obtain a new trial. First, Harris explained that the court’s findings pertaining to post-separation expenses were limited to expenditures made out of Harris’s separate account. Harris documented additional expenses paid out of the joint Cash Management Account, and noted that Gardner’s post-separation deposits into that account had been far less than those of Harris. The court accepted Harris’s new figures and entered an amended finding that Gardner owed Harris an additional $21,500.74 for her share of personal and joint post-separation expenses paid out of the couple’s joint account.

The second argument which Harris pressed focused upon the VMT bonds. Harris urged that having found the bonds to be his separate property, the trial court should have additionally found Gardner responsible for her share of an approximately $40,000 “devaluation” of the bonds, that is, the amount which was repaid to Merrill Lynch out of the bond proceeds to repay loans the couple had taken out to refinance the Monte-rey property and the boat. The trial court disagreed. In commenting on the status of the bonds, the court noted:

Having found Mr. Harris’ [VMT bonds] to have been his separate property, the court has already or by amendment if not clear to the parties, [found] the earnings marital property of the parties. Mr. Harris shall retain the bonds, but the earnings are deemed “marital property,” and thus were spent on marital expenses during marriage. The bonds themselves were used simply to collateralize the parties’ joint loans, and both were equally responsible for the repayment of such loans against the principal of the bonds, Mr. Harris’ separate property.

The court specifically deleted language in Harris’s proposed order which would have required Gardner to pay Harris $20,000 to partially restore the full worth of his premarital asset.

This appeal and cross-appeal followed.

III. DISCUSSION

Property division at divorce involves a three-step process. “‘First, the trial court must determine what specific property is available for distribution. Second, the court must find the value of this property. Third, it must decide how an allocation can be made most equitably.’ ” Chotiner v. Chotiner, 829 P.2d 829, 831 (Alaska 1992) (quoting Wanberg v. Wanberg, 664 P.2d 568, 570 (Alaska 1983)).

When reviewing a decision under the first step, this court applies the abuse of discretion standard; however, if a legal determination is involved, we exercise our independent judgment. Lewis v. Lewis, 785 P.2d 550, 552 (Alaska 1990); Moffitt v. Moffitt, 749 P.2d 343, 346 (Alaska 1988). We will not disturb a trial court’s valuation of the parties’ assets under step two in the absence of clear error. Lewis, 785 P.2d at 552. Finally, a trial court’s allocation of property under step three is subject to abuse of discretion review. Id.

A. The VMT Bonds

On appeal Gardner challenges the trial court’s resolution of the first task: the isolation of marital versus non-marital prop[99]*99erty for the purpose of equitable distribution.

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Gardner v. Harris
923 P.2d 96 (Alaska Supreme Court, 1996)

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Bluebook (online)
923 P.2d 96, 1996 Alas. LEXIS 106, 1996 WL 532493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-harris-alaska-1996.