In Re Marriage of Sang Lee

398 N.E.2d 126, 78 Ill. App. 3d 1123, 34 Ill. Dec. 451, 1979 Ill. App. LEXIS 3664
CourtAppellate Court of Illinois
DecidedNovember 27, 1979
Docket78-1383
StatusPublished
Cited by125 cases

This text of 398 N.E.2d 126 (In Re Marriage of Sang Lee) 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 Sang Lee, 398 N.E.2d 126, 78 Ill. App. 3d 1123, 34 Ill. Dec. 451, 1979 Ill. App. LEXIS 3664 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE PERLIN

delivered the opinion of the court:

This appeal concerns the disposition of property and maintenance provisions of the new Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1977, ch. 40, pars. 101 through 802) which became effective October 1,1977. The issues presented for review are: (1) whether the trial court’s disposition of property was an abuse of discretion and against the manifest weight of the evidence; and (2) whether the trial court’s maintenance order was an abuse of discretion.

For the reasons hereinafter set forth, we affirm the judgment of the circuit court of Cook County.

Prior to October 1, 1977 Sang Lee (hereinafter referred to as the wife), filed a complaint for divorce against ICwan Moh Lee (hereinafter referred to as the husband) under the old Illinois Divorce Act (Ill. Rev. Stat. 1975, ch. 40, pars. 1 through 21.4, repealed eff. Oct. 1,1977). On May 25,1978, judgment was entered dissolving their marriage and dividing the property of the parties in a manner purporting to follow the terms of the new Marriage and Dissolution of Marriage Act. The husband appeals, complaining only of the disposition of property and maintenance portions of the judgment. The parties do not dispute that the trial court applied the proper act in reaching the decision.

The parties, both 42 years of age, were married 17 years and have three children ranging in age from 13 years to 18 years. The marital assets and the trial court’s disposition thereof were as follows:

1. An apartment building. In 1971 the parties purchased as joint tenants an apartment building for *65,000. The down payment of *10,000 was comprised of the parties’ joint savings; the remaining *55,000 was mortgaged. Gross monthly rental income equals *815. Monthly payments for principal and interest on the mortgage, taxes and insurance total *615. In addition, all utilities for the entire building are paid by the owners; and monthly expenditures for maintenance and repairs equal approximately *100. Prior to their separation, the parties resided in one of the apartments. Although no professional appraisal was presented to the trial court, the husband testified that the present value of the apartment building is *60,000. The husband also testified that the building is subject to a mortgage of approximately *40,000.

The trial court preserved the husband’s one-half interest in the building but enjoined him from filing an action for partition until the youngest child reaches majority. The wife was awarded the right to reside in one of the apartments without any obligations to pay rent. The wife was awarded the right to collect all rents and was made liable for all expenses incurred, notwithstanding that the expenses may exceed the income of the property. In addition, any payments made by the wife toward the principal balance of the mortgage are credited to both the husband and the wife.

2. A cleaning plant. In 1974 the parties purchased, in the husband’s name, a cleaning plant for *67,000. The purchase price includes the plant, equipment and good will and was paid in the following manner: a down payment of *22,000 accumulated from the parties’ joint savings; a *30,000 loan from the North Shore National Bank, which is now satisfied in full; a *7,000 loan from the sellers, which is now satisfied in full; and an *8,000 loan from the wife’s brother, which is now satisfied in full. A 10-year lease on the property was obtained at the time of purchase. Although no professional appraisal was presented to the trial court, the husband testified that the present value of the cleaning plant is *60,000. The 1976 net income from the cleaning plant was approximately *21,000 and the 1977 net income was approximately *19,000.

The trial court awarded the cleaning plant to the wife, but as an equalization factor ordered the wife to pay to the husband the sum of *15,600, payable at the rate of *50 per week. The trial court also found that the income to be derived by the wife from the operation of the cleaning plant was sufficient to adequately support the minor children of the parties and therefore ordered that the support be provided therefrom.

3. A discount store. In September 1975 the parties purchased a discount store for *33,000. Although the record manifests confusion, this property appears to have been purchased in the name of the wife. The purchase price was paid in the following manner: a down payment of *23,000 accumulated from the parties’ joint savings (which monies were primarily earned from the cleaning plant); and a *10,000 mortgage which is now satisfied in full. The inventory at the time of purchase was *26,000 and at the time of trial had decreased to *15,000. Although no professional appraisal was presented to the trial court, the husband testified that the present value of the discount store is *30,000. The wife testified that once the mortgage was paid in full (August 1978), the net monthly income from the store would be approximately *640.

The trial court awarded the discount store to the husband.

4. In addition to the above properties, the husband owns 50 shares of Greyhound Computer stock which he acquired on July 29, 1970, and 50 shares of Technitrol stock which he acquired on August 11, 1 970. The trial court awarded these shares of stock to the husband. The husband also owns an automobile which the trial court awarded to him. The husband personally guaranteed a loan of *5,000 from North Shore Bank, and the court ordered that he be held liable therefor. The parties also own furniture and furnishings which the trial court awarded to the wife. The trial court ordered that the wife be held liable for any outstanding balances due and owing on said furniture.

I.

We first consider whether the trial court abused its discretion in dividing the property as described above. We start with the premise that a circuit court judge’s resolution of property division is fettered only by the range of reason and that his judgment will not be disturbed in the absence of an abuse of discretion. It is a well-established rule that a reviewing court is not justified in substituting its discretion for that of the trial court. (Elliott v. Nordlof (1967), 83 Ill. App. 2d 279, 284, 227 N.E.2d 547.) In determining whether the trial court abused its discretion, the question is not whether the reviewing court agrees with the trial court but rather did the trial court in the exercise of its discretion act arbitrarily without the employment of conscientious judgment or, in view of all the circumstances, exceed the bounds of reason and ignore recognized principles of law so that substantial injustice resulted. This is another way of saying that discretion is abused only where no reasonable man would take the view adopted by the trial court. It would seem that if reasonable men could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.

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Bluebook (online)
398 N.E.2d 126, 78 Ill. App. 3d 1123, 34 Ill. Dec. 451, 1979 Ill. App. LEXIS 3664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-sang-lee-illappct-1979.