In re Marriage of Guntren

489 N.E.2d 1120, 141 Ill. App. 3d 1, 95 Ill. Dec. 392, 1986 Ill. App. LEXIS 1864
CourtAppellate Court of Illinois
DecidedFebruary 13, 1986
DocketNo. 4—85—0290
StatusPublished
Cited by26 cases

This text of 489 N.E.2d 1120 (In re Marriage of Guntren) 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 Guntren, 489 N.E.2d 1120, 141 Ill. App. 3d 1, 95 Ill. Dec. 392, 1986 Ill. App. LEXIS 1864 (Ill. Ct. App. 1986).

Opinion

JUSTICE MORTHLAND

delivered the opinion of the court:

The petitioner, Ruth Guntren, and the respondent Frank Guntren, were married in Jersey County, Illinois, on April 27, 1979. Both had been previously married and divorced. As a result of her prior marriage the petitioner received $400 per month in child support and $15,000 per year maintenance. She was a registered nurse. The respondent was an insurance agent.

On December 9, 1983, the petitioner filed a petition for dissolution of the marriage. Respondent thereafter filed an answer and counter-petition for dissolution. At the time the petition was filed, petitioner was 52 years of age and respondent was 49. An order was entered on March 2, 1984, dissolving the marriage and reserving issues of property, maintenance and debt allocation. The trial court held several hearings concerning property disposition and entered its order with reference to the assignment of nonmarital property and division of marital property and indebtedness on January 23, 1985.

The respondent appeals this order, contending: (1) The trial court abused its discretion in that: (a) the marital property was not divided in just proportions; and (b) the trial court failed to properly consider and apply the statutory factors concerning property division; (2) The trial court erred when it failed to reimburse the respondent for nonmarital funds contributed to marital property; (3) The trial court erred in the division of personal property and the assignment of debts; and (4) The trial court erred when it denied respondent’s motion for reimbursement of temporary support.

An extensive recitation of the facts is necessary in order to resolve these issues. In June of 1979 the parties purchased a 63x/2-acre farm and residence. Title was taken in joint tenancy. The purchase price was $78,000, with $38,000 required as the down payment, and apparently a $40,000 mortgage given to secure the balance. The parties do not question the eventual finding by the court that this farm was marital property.

After the marriage each party maintained separate, individual checking accounts. The petitioner had separate funds consisting of support payments for her two minor children and the maintenance payment from her former marriage. During the Guntren marriage she earned approximately $2,000. The respondent kept his earnings from his insurance agency in his separate checking account. According to his testimony, his net earnings for 1979 were $13,438.07; for 1980, $8,121.40; for 1981, $12,403.41; and for 1982, $6,447.24.

A joint savings account was established on June 7, 1979. The original deposit in this account was $59,000. Petitioner testified that this deposit included funds from the sale of a house that had belonged to her mother, funds paid to her by her ex-husband, and other funds which came from her checking account.

The parties appear to agree that the original $59,000 placed in the savings account was used in part as follows: $5,000 for the purchase of a pontoon boat; $38,000 as down payment on the farm; $3,500 for farm renovation; and $12,000 withdrawn by respondent and stated to be for farm renovation. An annuity belonging to the petitioner prior to the marriage was cashed in December of 1979. The respondent testified that this produced the sum of $15,619.55. He further testified that $12,000 of this was paid on the mortgage and $2,181.91 was paid on interest, the remaining balance of $1,437.64 was used for renovation of the property.

Testimony revealed that on June 2, 1980, $13,100 was deposited in the couple’s joint savings account, with $1,500 placed in the petitioner’s account. Petitioner contended that these funds came from the maintenance payments of her former husband.

The respondent testified that on August 6, 1981, the petitioner contributed an additional $4,000 to be paid on the mortgage principal.

The petitioner testified that she spent $2,000 of nonmarital funds to renovate the upstairs bedroom.

The respondent, with respect to his nonmarital funds, states that he came into the marriage with $12,000 from a fire loss, approximately $13,000 from the sale of his residence and $18,246.12 from inheritances, and that he expended these funds for principal and interest on the mortgage and on repairs and renovations for the residence. He argues, in addition, that he expended not only his personal earnings but also considerable labor in renovating the farm residence.

The respondent in his brief concedes that petitioner made contributions to the marital real estate amounting to $69,609.55, although this sum would include $2,181.91 mortgage interest. It does not include the original $3,500 used for farm renovation, $2,000 allegedly spent by petitioner for renovation of the upstairs bedroom, and $1,437.64 spent on renovation out of the funds from the annuity check. Our calculations show a figure of $74,365.28 of petitioner’s traceable nonmarital funds invested in the marital real estate.

The respondent testified that in his opinion the real estate was worth $120,000, while a real estate appraiser testified that it was worth $89,000. The principal balance on the mortgage was $14,777.93.

The trial court entered judgment on property division and debt allocation and in the process assigned respondent his nonmarital property and awarded him marital property consisting of a Navion airplane and a 1977 pickup truck. The respondent was assigned the debt of $9,000 on the airplane, $1,102 on business leads, and $7,305.54 on a loan at the Jersey State Bank. The petitioner was assigned her non-marital property. In addition, she was assigned the entire marital real estate, two automobiles, the farm equipment and all household goods and furniture other than the nonmarital property assigned to respondent. The petitioner was also assigned the $14,777.93 mortgage indebtedness, a debt to Fleming Oil Company in the sum of $789.03, and one to Ed Koenig in the sum of $548. The latter two debts were for fuel for the farm tractor and for combining wheat. The crop check in the sum of $1,971 was assigned to petitioner also.

Section 503(d) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat., 1984 Supp., ch. 40, par. 503(d)) states that the trial court “shall divide the marital property without regard to marital misconduct in just proportions,” subject to the consideration of 11 enumerated factors. While a fair division does not require that the marital estate be split in equal portions (In re Marriage of McMahon (1980), 82 Ill. App. 3d 1126, 403 N.E.2d 730), the touchstone of proper apportionment is whether it is equitable in nature (In re Marriage of McNeeley (1983), 117 Ill. App. 3d 320, 453 N.E.2d 748). In determining whether a trial court abused its discretion, the appropriate inquiry appears to be whether the court, in view of the totality of circumstances, acted such that no reasonable man would take the view it adopted. (In re Marriage of Lee (1979), 78 Ill. App. 3d 1123, 1127, 398 N.E.2d 126

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Bluebook (online)
489 N.E.2d 1120, 141 Ill. App. 3d 1, 95 Ill. Dec. 392, 1986 Ill. App. LEXIS 1864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-guntren-illappct-1986.