Huerta v. Huerta

896 P.2d 985, 127 Idaho 77, 1995 Ida. App. LEXIS 73, 1995 WL 307763
CourtIdaho Court of Appeals
DecidedMay 22, 1995
DocketNo. 21610
StatusPublished
Cited by2 cases

This text of 896 P.2d 985 (Huerta v. Huerta) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huerta v. Huerta, 896 P.2d 985, 127 Idaho 77, 1995 Ida. App. LEXIS 73, 1995 WL 307763 (Idaho Ct. App. 1995).

Opinion

PERRY, Judge.

In this case we are asked to review a district court’s order affirming a magistrate’s award of property in a divorce. After a review of the evidence and arguments, we affirm the magistrate.

FACTS AND PROCEDURE

Robert and Faye Huerta were married in California in 1959. In 1972, the couple moved to eastern Idaho from Utah. Following a filing for divorce in 1983, the couple reconciled and continued to live in Idaho. In 1988, Faye again filed for a divorce, citing irreconcilable differences. A court trial was held on January 10, 1990, at which both parties presented evidence regarding the couple’s assets and debts. This evidence included testimony regarding the couple’s home in Inkom, Idaho; a parcel of property and improvements thereon in Josephine County, Oregon; a restored 1952 Jaguar; and the valuation of items of personal property.

Following the trial, the magistrate entered an order granting a decree of divorce and dividing the property. After an intermediate appeal to the district court, Robert appealed to the Idaho Supreme Court. The Supreme Court determined that the record in the case did not provide a clear and obvious explanation of the magistrate’s findings and remanded the case for further findings. Huerta v. Huerta, 122 Idaho 278, 833 P.2d 911 (1992).

On remand, the matter was assigned to the magistrate that presided over the original trial. The magistrate held an additional hearing and allowed oral argument regarding the evidence presented in the trial but no new evidence was permitted. After the hearing, the magistrate issued an order setting forth findings of fact and conclusions of law regarding the nature and valuation of the parties’ property. In addition to finding the nature of the assets — community or separate — and their values, this new order also contained explanations of how those were determined. Robert appealed to the district court, which affirmed the magistrate. Robert now appeals to this Court, claiming that the magistrate erred in determining the na[79]*79ture and valuation of the assets and incorrectly divided the property.

ANALYSIS

We first note that in reviewing a decision of the district court rendered in its appellate capacity, we examine the record of the trial court independently of, but with due regard for, the district court’s intermediate appellate decision. Hentges v. Hentges, 115 Idaho 192, 194, 765 P.2d 1094, 1096 (Ct.App.1988).

In this case, Robert has essentially invited us to retry the case on appeal. He does not argue that there was insufficient evidence to support the division. Rather, Robert rear-gues the positions he took at trial and claims that the magistrate erred by failing to adopt Ms interpretation of the evidence.

Where a magistrate has set out to acMeve equality in a division of property, the division and divorce decree will not be disturbed on appeal if it appears through substantial, albeit conflicting, evidence that the parties have received substantially equal shares. I.C. § 32-712. Liebelt v. Liebelt, 125 Idaho 302, 870 P.2d 9 (Ct.App.1994); Wood v. Wood, 124 Idaho 12, 855 P.2d 473 (Ct.App.1993). When there is conflicting evidence regarding property division, it is the magistrate’s task to evaluate the credibility of the witnesses and to weigh the evidence presented. Desfosses v. Desfosses, 120 Idaho 354, 815 P.2d 1094 (Ct.App.1991).

A. MONEY FROM HENRY HUERTA

At trial, the parties gave conflicting evidence regarding approximately $15,000 received from Henry Huerta, Robert’s father, to help construct the couple’s home in Idaho. Robert testified that the money was a loan, wMch was to be repaid. No formal documents regarding the alleged loan were ever signed nor any payment schedule or interest discussed. Robert also testified that Ms father assigned the loan to Robert after the divorce, effectively forgivmg the debt. Faye testified that she understood the money was a gift to both parties and would not be repaid. After hearing all of the evidence, the magistrate concluded that the money was a gift to the commumty and therefore did not need to be considered m caleulatmg the com-mumty debt. Although the evidence was conflicting, the magistrate’s decision was based on substantial and competent evidence. We find no abuse of discretion in the magistrate’s determination in tMs regard.

B. OREGON PROPERTY

There was extensive testimony at trial eoncermng a parcel of property in Josephine County, Oregon. The property, initially owned by Robert’s sister, was for a short time owned by Robert’s parents. A one-half interest in the property was deeded to Robert from Ms parents. Although there was no question that the land itself was Robert’s separate property, the commumty efforts of Faye and Robert, including labor and money to construct a cabin on the land, significantly increased the value of the property. During the trial, Robert and Faye gave conflicting testimony about the amount of money and labor that the commumty invested in improving the property. The magistrate determined that at the time the improvements were being made, there was an intent and tacit understanding between the parties that the commumty would eventually own the property and that Robert and Faye would retire there. Based on this finding, the magistrate relied on Suchan v. Suchan, 106 Idaho 654, 682 P.2d 607 (1984), to conclude that the commumty was entitled to reimbursement. Using the value of the property as evidenced at trial, the magistrate determined that the community was entitled to reimbursement in the amount of $29,000.

Robert’s arguments on appeal repeat Ms testimony at trial with added detail. He also argues that Suchan was not applicable and that Jensen v. Jensen, 124 Idaho 162, 857 P.2d 641 (Ct.App.1993), states the controlling case law. In Jensen, tMs Court determined that the community was not entitled to reimbursement when there was no tacit agreement that the property was to eventually be owned by either or both of the parties. Because the magistrate determined in tMs case that there was a tacit agreement that the property would eventually become part of the commumty, and because this finding was [80]*80supported by substantial evidence, the magistrate did not err in applying Suchan. Similarly, Robert’s arguments on appeal do not convince us that the magistrate erred in concluding that the community was entitled to reimbursement based on Robert and Faye’s joint efforts to improve the property.

C.1952 JAGUAR

Prior to the marriage, Robert owned a Jaguar automobile that was subject to an outstanding debt. Once the couple was married, the vehicle was sold and the proceeds were used on various community expenses. Later, in 1963 or 1964, a 1952 Jaguar XK120 was purchased with community funds while the couple was living in Utah. Because of the condition of the car, a great deal of restoration was required.

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Bluebook (online)
896 P.2d 985, 127 Idaho 77, 1995 Ida. App. LEXIS 73, 1995 WL 307763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huerta-v-huerta-idahoctapp-1995.