In Re Marriage of Hunter

585 N.E.2d 1264, 223 Ill. App. 3d 947, 166 Ill. Dec. 242, 1992 Ill. App. LEXIS 72
CourtAppellate Court of Illinois
DecidedJanuary 23, 1992
Docket2-91-0428
StatusPublished
Cited by25 cases

This text of 585 N.E.2d 1264 (In Re Marriage of Hunter) 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 Hunter, 585 N.E.2d 1264, 223 Ill. App. 3d 947, 166 Ill. Dec. 242, 1992 Ill. App. LEXIS 72 (Ill. Ct. App. 1992).

Opinion

JUSTICE UNVERZAGT

delivered the opinion of the court:

Respondent, Robert Hunter, appeals the judgment of the circuit court of McHenry County which dissolved his marriage to petitioner, Marlene Hunter, and distributed the marital and nonmarital property. On appeal, respondent contends that the court erred in finding that property given by petitioner’s parents to the couple in joint tenancy was petitioner’s nonmarital property and that the court erred in the valuing of respondent’s business.

The parties were married in 1970. They had no children. They stipulated to grounds of irreconcilable differences. At the time of trial, petitioner was a factory worker earning approximately $286 per week. Respondent was self-employed. His business, known as Hunter’s Welding, does lawn mower, tractor and small machinery repair.

In its “Memorandum and Preliminary Order,” the trial court found that the marriage was marked by “unusual financial arrangements.” Virtually throughout the marriage, the parties maintained separate bank accounts, and each was responsible for certain expenses. Petitioner, for example, purchased groceries while respondent was solely responsible for paying the mortgage. At trial, the parties testified that they had sold their first home and divided the proceeds between themselves.

At the time of trial, the parties owned four major assets: the marital home, the husband’s business, certain certificates of deposit and a second residence, which was being rented. It was undisputed that the marital home, located on 25 acres of farmland on Reese Road (the Reese Road property), and respondent’s business were marital property. The second residence was located on Rose Farm Road (the Rose Farm Road property). In 1975, petitioner’s parents deeded the latter property to the parties in joint tenancy, reserving a life estate to themselves.

Petitioner’s father continued to occupy the residence until 1987. While he resided there he paid most of the expenses associated with the property, except that petitioner usually paid the real estate taxes from her bank accounts. After her father moved out, petitioner (alone) managed and maintained the premises. She located tenants for the property, collected the rent and deposited the rent into her personal accounts. She frequently made improvements at the premises herself or in conjunction with family members. She testified that respondent did not work on the premises except on one occasion when he helped repair a steam pipe. On that occasion, she paid him for his labor. On the other hand, respondent testified that he did considerable work at the Rose Farm Road property and could not recall being paid for it.

The parties each presented expert witnesses to testify concerning the value of Hunter’s Welding. Petitioner’s expert was Joan Baurer. She testified that she was a certified financial planner who holds bachelor’s degrees from Queens College, Flushing, New York, and California State-Bakersfield. She had attended numerous seminars in her field, including one in small business evaluation. In the course of her occupation as a financial planner, she had evaluated approximately 15 to 20 small businesses, including a welding business. She had given expert testimony concerning the valuation of small businesses in McHenry County on two or three prior occasions.

Baurer further testified that she had reviewed respondent’s business ledgers, the parties’ income tax returns and lists and photographs of respondent’s business equipment. She concluded that Hunter’s Welding had a fair-market value of $90,000.

Respondent presented two expert witnesses, Michael Powers and Robert Horvath. Powers testified that the fair-market value of the equipment, tools, machinery and office furnishings of Hunter’s Welding was $17,000. Horvath testified that the machinery and equipment of the business were worth $8,380. Respondent testified that, in his opinion, Hunter’s Welding could be sold as a going concern for $32,000 to $37,000.

There was considerable additional evidence about everything from tractors to animals. In its memorandum, the court noted that “[t]ractors consumed a significant portion of the trial time.” The court also stated that “the parties have identified certain guns and animals. They have also generally placed some dollars-and-cents values on these items. The dog is lame but professionally trained, the peacocks are rare and reasonably expensive and the purpose of the pygmy goat is still a mystery!”

At the conclusion of all this evidence, the court awarded the Rose Farm Road property to petitioner as her nonmarital property. The court found that Hunter’s Welding had a fair-market value of $55,000 and that the Reese Road property had a fair-market value of $80,000. The court awarded both these assets to respondent so that he could maintain his business, which was located on the Reese Road property. The court further ordered that respondent reimburse petitioner $2,200 for a gift she made to Hunter’s Welding. The court awarded petitioner the certificates of deposit and ordered respondent to pay $57,500 to petitioner. The judgment further provided that all the tractors were marital property and that the parties would attempt to divide the personal marital property between themselves.

Respondent timely filed a motion to reconsider the judgment, which the court denied. Respondent now appeals. On appeal, respondent contends the court erred in finding that the Rose Farm Road property was petitioner’s nonmarital property and that the court erred in its valuation of Hunter’s Welding.

Respondent’s first contention is that the court abused its discretion in finding that the Rose Farm Road property was petitioner’s nonmarital property since it was deeded to the parties in joint tenancy. Respondent also points out that petitioner’s parents gave the parties money for use in the construction of the residence upon the property. These checks, too, were given to the parties jointly.

Petitioner’s parents apparently were deceased at the time of trial. Thus, there was no direct evidence of their intention at the time the gift was made. Other than the deed and the checks themselves, the only evidence on the subject was the way the parties subsequently dealt with the property. Allowing for the trial court’s resolution of conflicts in the testimony, this evidence generally showed that the parties treated the property as petitioner’s alone. With help from her parents and siblings, petitioner solely maintained the premises, even after her father ceased to reside there. She located tenants, collected the rent and deposited the rent in accounts which were in her name only. Respondent, however, contends that this evidence was insufficient to overcome the presumption of a gift to the parties jointly.

The starting point for our decision of this issue is section 503 of the Illinois Marriage and Dissolution of Marriage Act (the Act) (Ill. Rev. Stat. 1989, ch. 40, par. 503). This section provides that all property acquired by either spouse during the marriage is marital property except for property acquired in certain specified ways, such as by gift or devise. (Ill. Rev. Stat. 1989, ch. 40, par. 503(a).)

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

Related

In re Marriage of Pearl
2026 IL App (5th) 240999-U (Appellate Court of Illinois, 2026)
In re Marriage of Lange
2025 IL App (5th) 230316-U (Appellate Court of Illinois, 2025)
Department of Transportation v. Dalzell
2018 IL App (2d) 1160911 (Appellate Court of Illinois, 2018)
Illinois Department of Transportation v. Dalzell
2018 IL App (2d) 1160911 (Appellate Court of Illinois, 2018)
In re the Marriage of Krejci
2013 COA 6 (Colorado Court of Appeals, 2013)
In Re Marriage of Hluska
961 N.E.2d 1247 (Appellate Court of Illinois, 2011)
Anderson Dundee 53, L.L.C. v. Terzakis
841 N.E.2d 6 (Appellate Court of Illinois, 2005)
In re Marriage of Henke
Appellate Court of Illinois, 2000
In re Marriage of Johns
Appellate Court of Illinois, 2000
In Re Marriage of Reppen-Sonneson
701 N.E.2d 1159 (Appellate Court of Illinois, 1998)
In re Marriage of Blinderman
669 N.E.2d 687 (Appellate Court of Illinois, 1996)
In Re Marriage of Marriott
636 N.E.2d 1141 (Appellate Court of Illinois, 1994)
Ceres Terminals v. CHICAGO CITY BANK
635 N.E.2d 485 (Appellate Court of Illinois, 1994)
Ceres Terminals, Inc. v. Chicago City Bank & Trust Co.
635 N.E.2d 485 (Appellate Court of Illinois, 1994)
In Re Marriage of Alshouse
627 N.E.2d 731 (Appellate Court of Illinois, 1994)
Bank of Waukegan v. Village of Vernon Hills
626 N.E.2d 245 (Appellate Court of Illinois, 1993)
In Re Marriage of Talty
623 N.E.2d 1041 (Appellate Court of Illinois, 1993)
Poelker v. Warrensburg-Latham Community Unit School District No. 11
621 N.E.2d 940 (Appellate Court of Illinois, 1993)
In Re Marriage of Hagshenas
600 N.E.2d 437 (Appellate Court of Illinois, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
585 N.E.2d 1264, 223 Ill. App. 3d 947, 166 Ill. Dec. 242, 1992 Ill. App. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-hunter-illappct-1992.