Geske v. Geske

421 S.W.3d 490, 2013 WL 4556752, 2013 Mo. App. LEXIS 999
CourtMissouri Court of Appeals
DecidedAugust 28, 2013
DocketNos. SD 32275, SD 32276
StatusPublished
Cited by14 cases

This text of 421 S.W.3d 490 (Geske v. Geske) 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
Geske v. Geske, 421 S.W.3d 490, 2013 WL 4556752, 2013 Mo. App. LEXIS 999 (Mo. Ct. App. 2013).

Opinion

GARY W. LYNCH, P.J.

Timothy M. Geske (“Husband”) appeals the trial court’s dissolution judgment as to the award of attorney fees and litigation expenses in favor of Abby M. Geske (“Wife”) and the division of marital property. Husband contends the trial court abused its discretion in that its findings of fact were deficient and insufficient or no evidence was presented to support each of those awards. Finding no such abuses of discretion, we affirm the trial court’s judgment.

[494]*494 Factual and Procedural Background

Husband and Wife were married July 15, 2000. Throughout the parties’ marriage, Husband was self-employed as a farmer in his family’s farming operation, Geske Farming Partnership. Wife worked at SEMO Health Network in New Madrid as an accounting assistant and, at the time of trial, she was working toward an associate degree in accounting and desired to continue with schooling to earn her Bachelor’s degree.

In 2006, Husband started a land grading business and organized Geske Land Grading, LLC; he was the sole member. To initially fund this venture, both parties borrowed $115,000, which they applied toward the purchase of a Case STX tractor and dirt scoop. In November of 2006, Husband borrowed another $152,456 and paid off the initial loan. Wife was not a party to this loan. Husband was the only one authorized to transact business on behalf of the LLC. Up until the parties separated, Husband took out numerous loans to purchase additional equipment. Wife was not a signor on any subsequent loans.

In 2007, Husband was made a partner in his family’s farming partnership, Geske Farming Partnership, in which he acquired a ten percent interest. At least since that time, Husband has received annual income distributions from the partnership. In addition to the annual distributions, Husband received $625 per week from the partnership.

In 2008, the couple purchased a 75-acre farm from Husband’s parents for $277,500, and Husband farmed rice thereon. An old house was situated on the property, which they rented out while they lived in a home owned by Husband’s aunt.

The parties separated August 28, 2009. When Wife left the marital home, she took only her clothes and a 2008 Jeep Wrangler on which she owed approximately $14,000 at the time of the trial.

Wife petitioned for dissolution of marriage on September 14, 2009, requesting, among other things, maintenance, attorney fees and costs, and “that all debts incurred since the date of separation be paid by the respective party.” Husband answered Wife’s petition, conceding the marriage was irretrievably broken, and opposed her request for maintenance and attorney fees.

The case was tried on January 28, 2012. Wife testified that she wanted Husband to keep the farm, and she asked to be awarded one-half of the equity. Each party had an appraiser testify regarding the value of the farm. Wife estimated that the fair market value of the couple’s 75-acre farm was $383,000, according to an appraisal conducted March 9, 2011. She estimated the balance remaining on the mortgage to be $257,461 and testified their equity in the farm was $125,539. Husband contested Wife’s evidence regarding the fair market value of the farm, which he valued at $313,600. Husband contended that the debt against the property was $254,681, which, applying his value of $313,000, left $59,219 as equity.

Wife further requested the court to assign the LLC’s debt to Husband, as she was not a member and had not signed for loans to the LLC. However, Wife asked to be awarded half the value of the tractors and scoops of the LLC. Husband testified that Wife could have one-half of the equity in the grading equipment, which he valued between $120,000 and $140,000, however he wanted the debt on those assets apportioned to Wife also. Husband also requested that Wife be held responsible for half of a $283,000 debt owed to First State Bank, which included $219,000 on the loans incurred by the LLC up to the time of trial, $51,000 on another loan Husband took out after separation for operating ex[495]*495penses for his farming business, and $11,860, which Husband applied toward a well and turbine on the couple’s farm. Husband contended that these debts were marital debt, which should be divided between the parties equally. Husband testified he was making these requests “[s]ince we’re using inflated farmland values, ... we can’t get divorced for three years, ... we’ve allowed land to inflate for three years .... [i]nstead of using the values from '09.”

Wife also requested one-half of Husband’s interest in the family farming partnership, the net worth of which she valued at $1,112,258. Husband conceded the net worth was $1,100,000 and valued his interest at $50,000, which he agreed was marital property. He testified that Wife’s interest was $25,000. However, he requested the court require that Wife “give up her interest in the farming partnership” and award Wife one-half of the equity in the parties’ farm, which he valued at $313,000.

In addition, Wife further requested maintenance in the amount of $1,000 per month for five years and an award for attorney fees and expenses incurred over almost three years. Wife contended she had few assets and not enough income to pay her own expenses, while Husband had assets and the ability to earn a substantial income.

Husband testified that he did not want to pay Wife maintenance even though he conceded that the financial statements reflected that some years during the marriage he lost money and Wife was the breadwinner. Husband alleged he had no significant savings and had two checking accounts, which combined show a balance of $5,000 to $6,000. Husband further testified he had no retirement and at first stated “it’s all been drained trying to salvage the land grading operation!.]” However, he later testified he never had a retirement account. Husband further stated that a ski boat, which he valued at $4,000, needed motor work and he did not want it.

As to the parties’ personal property, including household furnishings, furniture, tools, three or four guns, and the ski boat, Wife testified she wanted those items awarded to Husband. Wife estimated that the “net equity” of all of the assets of the marriage was $484,106.80, of which she requested to receive fifty percent, which she calculated to be $282,082.40.

On June 29, 2012, the trial court issued its judgment and decree of dissolution of marriage, finding that Wife was entitled to receive $750 per month as non-modifiable maintenance from Husband for thirty-six months, ordering Husband pay to Wife $26,000 for attorney fees and litigation expenses, and dividing the parties’ marital property and debts. Wife was awarded $40,000 as her share of the equity in the couple’s 75-acre farm and $55,000, as her share of the equity in the family partnership. Husband was awarded the parties’ 75-acre farm, all interest in the LLC, all interest in the family farming partnership, all personal property and farming and grading equipment in his possession, and the boat. In addition, Husband was awarded the debt owed on each. Husband was ordered to pay any and all indebtedness incurred in his name alone since the date of the parties’ separation, and both parties were ordered to pay any indebtedness secured by any asset apportioned to him or her.

Husband timely filed this appeal challenging the trial court’s award for Wife’s attorney fees and litigation expenses and its division of the marital prop[496]*496erty.1

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Cite This Page — Counsel Stack

Bluebook (online)
421 S.W.3d 490, 2013 WL 4556752, 2013 Mo. App. LEXIS 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geske-v-geske-moctapp-2013.