Hoagland v. Hoagland

852 P.2d 1025, 212 Utah Adv. Rep. 25, 1993 Utah App. LEXIS 75, 1993 WL 163445
CourtCourt of Appeals of Utah
DecidedMay 7, 1993
Docket920340-CA
StatusPublished
Cited by9 cases

This text of 852 P.2d 1025 (Hoagland v. Hoagland) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoagland v. Hoagland, 852 P.2d 1025, 212 Utah Adv. Rep. 25, 1993 Utah App. LEXIS 75, 1993 WL 163445 (Utah Ct. App. 1993).

Opinions

GARFF, Judge:

Appellant Joy A. Hoagland (Wife) appeals from a decree of divorce awarded to her against appellee Colin G. Hoagland (Husband). We affirm in part, reverse in part, and remand.

FACTS

We draw the facts from the court’s findings of facts. Husband and Wife married September 5, 1973. At the time of the marriage, the couple lived in a house that had been awarded to Wife from a prior marriage. After three years of marriage, Wife sold the house, using the proceeds to purchase, with Husband, another house in the area, where they lived for approximately ten years. Both Husband and Wife held title to the house.

At the time of the marriage, Husband worked for Smiths. Both Husband and Wife quit their jobs to form a partnership with other family members to operate a grocery store. They ran the business until ' August 1986, when the partnership closed [1027]*1027the business and filed for bankruptcy. Pri- or to closing the business, Husband executed a quitclaim deed in favor of Wife to protect it from creditors.

During 1986, the parties developed serious problems in their marriage. In January 1987, Husband found employment in Las Vegas, Nevada, once again working for Smiths. He then purchased a house and invited Wife to move to Las Vegas. She refused, stating that her home was in Ogden.

At the time Husband moved to Nevada, he took with him approximately $300.00, a pickup truck that was encumbered, and a motorcycle. Wife had approximately $8,000.00 to $10,000.00 in cash and a motor home, which she later sold for $9,000.00. She also had all of the furniture, the house, the lot, the swimming pool, a 1980 Lincoln Town Car, and a 1976 Chevrolet. None of the vehicles was encumbered.

Wife filed for divorce August 28, 1989. The court ordered Husband to pay Wife temporary alimony in the amount of $1500.00 per month. At the time of trial, Husband owed $27,507.00 arrearages in temporary alimony. Of this amount, $21,-935.00 had been reduced to judgment in a hearing held five months prior to trial.

After trial, the court issued its decision. In determining the amount of alimony to award Wife, the court found as follows:

That [Wife] has not become accustomed to a high standard of living during the marriage, it appearing from the evidence that prior to [Husband’s] business failing in 1986 he was grossing approximately $500.00 per week which was used for family needs. The parties income tax returns for years prior thereto indicate actual income considerably less.

The court held that the standard of living the parties enjoyed during the marriage would be determined as of the time of separation instead of the time of trial; that the house was a marital asset; that each party was to pay his or her own attorney fees; and that Husband did not owe interest on the temporary alimony arrearages.

The court found that Wife, as a seasonal employee, had a part time gross pay of $8,280.00, plus unemployment for ten weeks, giving her a gross income of $9,780.00 per year.

The court concluded that the Ogden house was a marital asset, and that it should be sold. The court awarded Wife $19,672.00 as reimbursement, without interest, of the equity from the home she owned prior to her marriage. It then divided equally the proceeds of the sale of the marital residence. The court concluded that Husband should not have to pay any interest on the temporary alimony arrear-ages of $27,507.00, and that he could pay the amount over 45.845 months. Wife appeals.

STANDARD OF LIVING

Wife claims the court abused its discretion in basing alimony upon the parties’ standard of living prior to separation, rather than on the standard of living at the time of trial.

The issue of the time for determining standard of living in alimony cases was thoroughly discussed in Howell v. Howell, 806 P.2d 1209 (Utah App.), cert. denied, 817 P.2d 327 (Utah 1991). We set forth the rule that, in general, a court should look “to the standard of living existing at or near the time of trial in determining alimony.” Id. 806 P.2d at 1212. However, because the issue is “fact-sensitive” and because the court must consider “all relevant facts and equitable principles,” we defer to the court’s sound discretion in determining the parties’ standard of living. Id.

Here the court found that Wife has not become accustomed to a high standard of living during the marriage, it appearing from the evidence that prior to [Husband’s] business failing in 1986 he was grossing approximately $500.00 per week which was used for family needs. The parties income tax returns for years prior thereto indicate actual income considerably less.

Here, Wife did not want to move from her home in Utah to continue the marriage, yet she wanted to benefit from the higher [1028]*1028standard of living obtained, in part, as a result of Husband’s relocation. Moreover, the court found that the marriage essentially ended when Husband moved out of Utah. Because the court made relevant findings, supported by relevant evidence and equitable principles, we hold that it did not abuse its discretion in this case in departing from the general rule and in basing alimony on the standard of living enjoyed at the time of separation. We therefore affirm the court's alimony award.

MARITAL PROPERTY

Wife claims the court abused its discretion in disregarding the quit claim deed to find the house to be marital property.

Both this court and the Utah Supreme Court have long held that once a court has determined that something is marital property, the court may distribute it equitably, notwithstanding which party’s name appears on the title. Jackson v. Jackson, 617 P.2d 338, 340-41 (Utah 1980); Naranjo v. Naranjo, 751 P.2d 1144, 1148-49 (Utah App.1988). “The trial court is empowered to make such distributions as are just and equitable, and may compel such conveyances as are necessary to that end.” Jackson, 617 P.2d at 340-41.

This court addressed a similar situation in Hogue v. Hogue, 831 P.2d 120,121 (Utah App.1992), where the husband had, prior to his marriage, conveyed to the wife a ranch as a means of protecting the property from husband’s creditors. The couple then married and divorced. The trial court awarded husband an undivided one-half interest in the property. On appeal, we held that the court had not abused its discretion in awarding husband a one-half interest in the ranch, in part because the trial court had found that Husband conveyed the property to protect it from creditors. Id. at 122.

Likewise, the court in this instance found that Husband conveyed the Ogden house to protect it from creditors of the failing business. The court also reimbursed Wife for the amount she contributed to the house that represented the equity from her premarital property. Given those findings, the court acted within its discretion in concluding that the house was marital property, notwithstanding the Husband’s quit claim deed.

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Bluebook (online)
852 P.2d 1025, 212 Utah Adv. Rep. 25, 1993 Utah App. LEXIS 75, 1993 WL 163445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoagland-v-hoagland-utahctapp-1993.