In re Estate of Zenor

369 N.W.2d 557, 1985 Minn. App. LEXIS 4267
CourtCourt of Appeals of Minnesota
DecidedJune 18, 1985
DocketNo. C7-84-2174
StatusPublished

This text of 369 N.W.2d 557 (In re Estate of Zenor) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Zenor, 369 N.W.2d 557, 1985 Minn. App. LEXIS 4267 (Mich. Ct. App. 1985).

Opinion

OPINION

HUSPENI, Judge.

The Estate of Alfred Zenor (Estate) appeals a trial court’s order for summary judgment in favor of Ruth Hoffman, now known as Ruth McMonagle, in a contested claim on Zenor’s estate.1 The trial court’s order for summary judgment awarded McMonagle a one-half interest as a tenant in common in the homestead property of the estate. We affirm.

FACTS

Zenor and McMonagle purchased the property at issue on a contract for deed in August 1957. They were married in 1961. The marriage was dissolved in 1966. Custody was the primary dissolution issue. After the dissolution, the presiding judge (now deceased) issued the following relevant Findings of Fact, Conclusions of Law, and Order for Judgment:

FINDINGS OF FACT
4. That the parties own the homestead premises. * * *
CONCLUSIONS OF LAW
* * * * * *
2. That [Alfred Zenor] shall have the exclusive possession of the homestead premises * * * and that [Alfred Zenor] shall have the right to encumber said property by mortgage and that [Ruth McMonagle] is herewith ordered to join in execution of said mortgage note and mortgage. That [Ruth McMonagle] shall vacate said homestead premises forthwith. * * *
3. That [Alfred Zenor] is a fit and proper person to have the care and custody of the minor children of the parties. * * *
⅜ # ⅜ >te ¡⅜ *
[559]*5598. That [Ruth McMonagle] shall have possession of and title to that 1959 Chevrolet station wagon now in her possession. That [Alfred Zenor] shall have possession of and title to that 1952 Chevrolet automobile now in his possession.

Six months after the dissolution judgment and decree was issued, Zenor refinanced the homestead. Both parties executed the mortgage deed. Subsequently, the contract for deed vendor was paid off and the vendor conveyed the property by a warranty deed to Zenor and McMonagle as individuals. After the dissolution, Zenor paid all the expenses of the homestead.

In 1972, McMonagle commenced an action for partition of the homestead property, but she did not pursue that action to conclusion. Zenor died on December 1, 1982. McMonagle subsequently brought an action against the Estate for a one-half interest in the homestead property. On June 7,1984, she moved for summary judgment on the issue of ownership of the homestead property. At the hearing on that motion, the attorney who represented Zenor during the 1966 dissolution testified that the dissolution judge deliberately did not determine ownership of the homestead in the dissolution action for two reasons: the encumbrances on the property were uncertain at that time and the judge was concerned about raising an appealable issue (and risking a reversal on his custody determination).

On August 2, 1984, McMonagle’s motion for summary judgment was granted. The trial court determined that McMonagle has a one-half interest in the homestead property as a tenant in common. In addition, the trial court denied McMonagle’s request that the property be sold and the proceeds divided. The trial court reserved the setoff issues for trial. The Estate’s motion for review of the order for summary judgment was denied and the Estate appeals from that denial.

ISSUE

Did the trial court properly grant respondent summary judgment on the issue of ownership of the homestead property?

ANALYSIS

The function of a court reviewing a summary judgment is to determine whether there are any genuine issues of material fact for trial and whether the trial court erred in its application of the law. Betlach v. Wayzata Condominium, 281 N.W.2d 328, 330 (Minn.1979). All doubts and factual inferences must be resolved in favor of the Estate, the nonmoving party. Nord v. Herreid, 305 N.W.2d 337, 339 (Minn.1981).

The Estate contends on appeal that a material factual issue exists concerning the title to the homestead property. The Estate claims that the 1966 dissolution judgment and decree does not include an ultimate disposition of the title to the property, and therefore, this issue must now be litigated. The Estate relies primarily on evidence which indicates that the presiding dissolution judge intended to defer final disposition of the property until a later date. We cannot agree.

The homestead property issue was litigated at the time of the dissolution. Both parties sought the ownership of the homestead. The presiding judge issued findings and conclusions which indicate that he left ownership of the homestead with both parties. The judge awarded Zenor exclusive possession of the homestead and ordered McMonagle (as joint owner) to execute any mortgage deeds necessary to refinance that property.

The dissolution judge’s failure to transfer ownership in the decree was not an oversight. He was aware of what it takes to transfer ownership, since he awarded each party “possession of and title to” one of their cars. If the dissolution judge had intended to make a change in the ownership of the homestead, he would have used the appropriate legal terms.

The Estate alleges that the 1966 decree was not a final disposition of the property. However, the judge did not indicate on the record that the 1966 decree was not a final disposition. The findings and conclusions [560]*560state no reservation of the issue of homestead ownership. The testimony of Zenor’s dissolution attorney that the judge told him in chambers that he would dispose of the homestead property later is not sufficient evidence to raise a material fact question regarding whether the decree was a final disposition.

We conclude that the 1966 dissolution decree was a final disposition of the homestead.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Betlach v. Wayzata Condominium
281 N.W.2d 328 (Supreme Court of Minnesota, 1979)
Marriage of Volkman v. Ecklund
368 N.W.2d 765 (Court of Appeals of Minnesota, 1985)
Kiesow v. Kiesow
133 N.W.2d 652 (Supreme Court of Minnesota, 1965)
American Family Mutual Insurance Co. v. Ryan
330 N.W.2d 113 (Supreme Court of Minnesota, 1983)
Nord v. Herreid
305 N.W.2d 337 (Supreme Court of Minnesota, 1981)
Snyder v. Snyder
212 N.W.2d 869 (Supreme Court of Minnesota, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
369 N.W.2d 557, 1985 Minn. App. LEXIS 4267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-zenor-minnctapp-1985.