In Re Marriage of Block

441 N.E.2d 1283, 110 Ill. App. 3d 864, 65 Ill. Dec. 769, 1982 Ill. App. LEXIS 2521
CourtAppellate Court of Illinois
DecidedOctober 29, 1982
Docket81—831, 81—968, 82—13 cons.
StatusPublished
Cited by28 cases

This text of 441 N.E.2d 1283 (In Re Marriage of Block) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Marriage of Block, 441 N.E.2d 1283, 110 Ill. App. 3d 864, 65 Ill. Dec. 769, 1982 Ill. App. LEXIS 2521 (Ill. Ct. App. 1982).

Opinion

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

William M. Block appeals from the portion of the judgment dissolving his marriage to Ruth Ann Block which divided property and awarded the wife unallocated maintenance and child support. The husband also appeals from an order disposing of reserved matters not incorporated in the decree of dissolution.

In the decree entered September 25, 1981, dissolving the 1957 marriage of the parties, the trial court determined that the gross marital assets of the parties were between $1,750,000 and $1,810,000 and that there were marital debts of $1,621,000. The court arrived at a net worth of $437,501 as follows:

I. Excess Marital Assets Pledged
State Bank of Antioch Marine Bank
Zion State Bank
II. Equity in Weldon Square Apartments
III. Current Value of Profit Sharing Plan
IV. Current Value of Pension Plan
Net Marital Assets
$ 73,000
$ 25,000
$ 24,000
$ 35,000
$226,183
$ 54,018
$437,501

The court refused to consider as marital debts a second mortgage on the marital residence ($122,000) and a purchase money mortgage on a racing boat ($70,000). The court found that the husband incurred these debts in contemplation of divorce and in dissipation of the marital estate. Also, the court found that the husband was in debt to his daughter Stephanie for dividends on shares of family stock which he had used during the marriage. The court then ordered, inter alia, that the wife be awarded $328,125 representing 75% of net marital assets, payable in a lump sum or in monthly installments; that the husband pay the medical, dental and college expenses of Stephanie, the minor daughter of the parties, until she reached the age of emancipation or graduated from college; that the husband place in trust for Stephanie’s benefit her stock shares and that he repay all dividends earned on shares which he had used; that each spouse be awarded 700 shares of nonmarital stock registered to each; and that the marital home be sold with the net proceeds to be applied toward the wife’s property award. The court reserved for later hearing questions regarding payment of attorney fees and certain marital home debts and other matters then pending under various petitions.

Various questions are raised by the husband.

I

The Outstanding Bank Loans

Principally in issue is whether the trial court properly found that certain pledges of stock against loans were excess marital assets which increased the net marital estate.

A. The State Bank of Antioch loan — the parties stipulated that the balance due on the loan incurred in 1966 or 1967 to purchase Quaker Industries stock, and renewed in 1980 by a co-signed note of the parties, was $334,500. The note was secured by 4073 shares of Quaker Industries, a Block family-operated closely held corporation. The husband is the son of Hattie Block, the principal shareholder of Quaker Industries and is a salesman and executive vice-president of the company. The husband pledged 1000 shares of Quaker Industries stock registered to the “Hattie Block Trust,” 930 shares registered to William M. Block individually, and 2143 shares registered jointly to the parties against the loan.

The court placed a fair market value of $100 per share and calculated the marital equity in the Quaker Industry stock at $407,300 (4073 shares at $100), deducted the $334,500 debt, leaving $73,300 which the court found to be “excess marital assets” to be divided. We find no basis in the record for this disposition.

The Hattie Block trust stock certificates bear a May 1, 1980, date, approximately 10 months after the parties separated as found by the court. In 1967 the board of directors of Quaker Industries passed a resolution providing that if Quaker Industry shares were pledged against loans, the corporation would repurchase the shares for the amount of loan in default.

The wife argues that the trust shares were available to the husband to use at his will, and for his tax advantage. No trial testimony, however, related to the circumstances surrounding the pledge of the shares of the Hattie Block trust. While, in effect, the wife urges that the Hattie Block trust stock was essentially a gift to the husband presumably commingled with marital collateral disguised to afford the husband tax advantages as well as to avoid payment of a gift tax, there is no support for this argument in the record. Nor is there support in the record for the husband’s insistence that the trust shares were for accommodation only. There was no testimony produced by either party which would aid us in analyzing the effect of a repurchase of the stock. Nevertheless, the wife argues here that in the event of a default Quaker Industries could buy back its shares at less than the determined $100 fair market value (i.e., 4073 shares for the $334,500 indebtedness). There was also no testimony to support the wife’s argument here that the husband will receive tax benefits not available to the wife. In the absence of a proper foundation for these arguments we have no basis to consider them as they amount to a mere speculation. See In re Marriage of Emken (1981), 86 Ill. 2d 164, 167; In re Marriage of Johnson (1982), 106 Ill. App. 3d 502, 509.

The wife’s argument that the court did not find the Hattie Block trust shares to be marital property but applied their value to reduce indebtedness and leave a “surplus” does not aid in solving the problem. The law requires that debts as well as assets must be equitably proportioned. (In re Marriage of Simmons (1981), 101 Ill. App. 3d 645, 647.) If the value of the Hattie Block trust stock is not applied to the $334,500 indebtedness, the husband’s 930 shares ($93,000) and the jointly held 2143 shares ($214,300) would be subject to repurchase by Quaker Industries. This would leave a short-fall of $27,200 ($334,500 minus $307,300) which presumably could be a marital debt. On the record before us it was error to apply the Hattie Block trust shares against the debt to reach a net equity in the marital assets pledged.

B. The Zion State Bank loan — there was a balance due of $46,398.95 on a similar loan at the Zion State Bank. This loan was secured by 1286 shares of Quaker Industries stock valued at $128,600 belonging to the now emancipated daughter of the parties, Kimberly Block (the husband is the custodian under a uniform gift to minors trust), and 240 shares jointly owned by the parties ($24,000). We find no basis for the court’s determination that Kimberly’s shares could be used to reduce the marital indebtedness, so as to result in an “excess.”

C.

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Bluebook (online)
441 N.E.2d 1283, 110 Ill. App. 3d 864, 65 Ill. Dec. 769, 1982 Ill. App. LEXIS 2521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-block-illappct-1982.