Heirigs v. Heirigs

34 S.W.3d 835, 2000 Mo. App. LEXIS 1941, 2000 WL 1846252
CourtMissouri Court of Appeals
DecidedDecember 18, 2000
DocketNo. 23522
StatusPublished
Cited by7 cases

This text of 34 S.W.3d 835 (Heirigs v. Heirigs) 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
Heirigs v. Heirigs, 34 S.W.3d 835, 2000 Mo. App. LEXIS 1941, 2000 WL 1846252 (Mo. Ct. App. 2000).

Opinion

CROW, Judge.

Lisa Gaye Heirigs appeals from a judgment dissolving her marriage to Dennis Wayne Heirigs. The first of her two points relied on avers the trial court incorrectly classified a “mobile home” — purchased during the marriage — as Dennis’s1 separate property. Lisa’s second point maintains the trial court wrongly concluded she had only a “minor marital interest” in Dennis’s “separate farm property” on which the “mobile home” sits.

The parties married December 26, 1987. Three years earlier, Dennis had acquired sole ownership of a 164-acre tract.2 At trial, the parties referred to it as “the farm.” So shall this opinion.

When the parties married, an “older farm home” was situated on the farm, fn 1995, the parties “tore it down with a bulldozer and hauled it off.”

Thereafter, according to Lisa, the parties “had a new house erected.” Her testimony:

“Q. And what does that house consist of?
A. As far as rooms you mean, or—
Q. Well, as far as what is it, and is it—
A. A modular house with an attached garage, and a porch — front porch built on to it? [sic]
Q. Okay. Is it on a foundation?
A. Yes.
Q. Is it permanently attached to the real estate?
A. Yes.
Q. And, of course, the garage has been added on, and it’s permanently attached and—
A. Yes.
Q. Okay. When was that added on?
A. 1995.
Q. Do you have a judgment about how much was spent on that improvement?
A. Total, about 50,000 for everything — house, garage, porch.”

Asked how she and Dennis paid for those improvements, Lisa explained approximately $15,000 to $18,000 came from savings accumulated “mostly” from her wages. The rest was borrowed from Dennis’s parents and a bank.

In an “Amended Statement of Marital and Non-marital Property and Liabilities,” received in evidence at trial as Petitioner’s Exhibit 5, Lisa listed — as marital property — one parcel of real estate described as:

“160 acres with modular house, attached garage, dairy barn, covered lot, calf barn, 3 hay barns, 2 silos, 3 grain bins, loafing barn[.]”

According to Exhibit 5, the property had a present fair market value of $195,000, but was subject to an “Amount Owed” of $110,000, leaving “Equity” of $85,000.

For convenience, this opinion, in referring to the residence placed on the farm in 1995, shall use the term in Lisa’s testimony (quoted supra) and her Exhibit 5 (above), i.e., “modular house.”

Dennis, like Lisa, presented an “Amended Statement of Marital and Non-marital Property and Liabilities.” It was received in evidence as Respondent’s Exhibit U. It listed no real estate as marital property. Among a multitude of items of Dennis’s nonmarital property, Exhibit U listed:

“160 acres w/buildings existing prior to marriage[.]”

[838]*838According to Exhibit U, the property had a present value of $168,000, but was subject to an “Amount Owed” of $144,000, leaving “Equity” of $24,000.

The judgment set apart to Lisa and Dennis, respectively, numerous items of nonmarital property; the judgment also divided a multitude of items of marital property. Among the findings in the judgment are these:

“The real property consisting of a 160 acre farm ... is primarily the separate property of [Dennis] that does contain a minor marital component.
In order to effect an equitable division of the property and debts, [Dennis] should pay [Lisa] the sum of $20,000.00.”

The judgment awarded the farm to Dennis as nonmarital property and granted Lisa a $20,000 judgment against him, said amount “to be a Judgment lien on [Dennis’s] real property unless and until discharged.”

The modular house was not separately mentioned in the judgment. This court infers the trial court found the modular house is a fixture. As explained in Marsh v. Spradling, 537 S.W.2d 402, 404[1] (Mo.1976), a fixture is an article of personal property which has been so annexed to the real estate that it is regarded as part of the land. It is evident from the parties’ briefs that they interpret the judgment that way.

Lisa’s first point relied on:

“The Trial Court erred in determining the separate and marital property of [Lisa] and [Dennis] because the Court erroneously declared and applied the law in that it incorrectly classified the mobile home as the separate real property of husband, when in fact the mobile home was marital personal property which was purchased during the marriage with entirely marital funds.”

It is obvious from the argument beneath the point that the “mobile home” referred to in the point is the modular house placed on the farm in 1995.

Lisa asserts: “In Missouri, mobile homes are conveyed by title, just like automobiles or boats, with evidence of title issued by the Department of Revenue.”

This court infers Lisa is referring to § 700.320.1, RSMo 1994, which provides that the owner of any new or used manufactured home, as defined in § 700.010,3 shall make application to the Director of Revenue for an official certificate of title to such manufactured home in the manner prescribed by law for acquisition of certificates of title to motor vehicles and the rules promulgated pursuant thereto.

Lisa also asserts: “Creditors with an interest in a mobile home obtain and perfect security interests, not by a formal recording with the recorder of deeds, but by having their interest denoted on the title.” In support of that assertion, Lisa cites § 700.350, RSMo 1994, which governs the procedure for perfecting a lien or encumbrance on a manufactured home by applying for a certificate of ownership displaying the name and address of the lien-holder and the date of the security agreement.

Lisa also directs this court to § 137.115, RSMo 1994, subsections 6, 7 and 8 of which provide for property tax assessment of manufactured homes as defined in [839]*839§ 700.010. Subsection 6 of § 137.115 provides that a manufactured home located in a rental park, rental community or on real estate not owned by the manufactured home owner shall be considered personal property. However, subsection 6 continues: “A manufactured home located on real estate owned by the manufactured home owner may be considered real property.”

Missouri appellate courts have affirmed judgments holding mobile homes became part of the real estate on which they were situated: Cattoor v. Wells, 641 S.W.2d 492 (Mo.App. E.D.1982); City of Festus v. Festus Flying Service, Inc., 750 S.W.2d 532 (Mo.App. E.D.1988).

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Cite This Page — Counsel Stack

Bluebook (online)
34 S.W.3d 835, 2000 Mo. App. LEXIS 1941, 2000 WL 1846252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heirigs-v-heirigs-moctapp-2000.