In Re Marriage of Tatham

527 N.E.2d 1351, 173 Ill. App. 3d 1072, 123 Ill. Dec. 576, 1988 Ill. App. LEXIS 1282
CourtAppellate Court of Illinois
DecidedAugust 22, 1988
Docket5-87-0359
StatusPublished
Cited by18 cases

This text of 527 N.E.2d 1351 (In Re Marriage of Tatham) 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 Tatham, 527 N.E.2d 1351, 173 Ill. App. 3d 1072, 123 Ill. Dec. 576, 1988 Ill. App. LEXIS 1282 (Ill. Ct. App. 1988).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

Jonathan Edward Chase Tatham (respondent) appeals from a judgment of the circuit court of Johnson County denying his post-trial motion and from the judgment dissolving his marriage to Jane Elizabeth Tatham (petitioner) entered on January 21, 1987. After consideration of respondent’s post-trial motion filed on February 20, 1987, an amended judgment for dissolution was entered on April 13, 1987. Respondent appeals the amended judgment of dissolution as it pertains to the issues of the reimbursement of the marital estate for contributions from the nonmarital estate, of the award of a homemaker’s contribution to petitioner, of the classification as marital property and valuation of certain items of personalty, and of the determination of the amount of child support to be paid by the respondent. Petitioner cross-appeals the judgment of dissolution with regards to the circuit court’s denial of the award of maintenance and to the amount of petitioner’s attorney fees that the circuit court ordered respondent to pay. We will not set out a statement of facts at this juncture, but delineate the pertinent facts as the issues are discussed.

The first issue respondent raises on appeal is that the circuit court erred when it ordered respondent to pay petitioner one-half of $65,600, the amount of the salary that respondent forwent soon after the parties’ marriage in June 1977. He argues that respondent’s personal efforts as farm manager on his father’s farm were to nonowned property as opposed to nonmarital property and therefore not subject to reimbursement to the marital estate. Alternatively, he contends that if the property was nonmarital, respondent’s personal efforts were neither significant nor did his efforts result in substantial appreciation of the farm.

The evidence adduced at trial established that respondent’s father, Arthur E. Tatham, purchased a 1,006-acre farm in Vienna, Johnson County, Illinois, in 1954. Although the farm was titled in respondent’s father’s name, respondent had lived on the farm since 1966. Respondent became manager of the farm in 1968 or 1969 and he continued in this employment after he and petitioner married. Respondent and petitioner were married on June 25, 1977, and they resided on the farm during the entire period of their marriage. Prior to the parties’ marriage, respondent received a salary of $800 per month for his employment but shortly after their marriage, respondent elécted not to receive this salary.

In December 1979, respondent’s father established the Arthur E. Tatham trust (the trust). When the trust was created, Arthur Tatham transferred all of his assets into the trust, including the assignment of the title to the farm. Under the terms of the trust, Arthur Tatham was to be the sole beneficiary and the trustee of this revocable trust. However, upon his death, the remainder of the trust was to be divided equally between his three children, with a special provision that as part of his one-third share of the trust, if respondent was living 30 days after Arthur Tatham’s death, respondent was to receive the farm. Upon Arthur Tatham’s death, respondent and his two sisters were to become cotrustees of the trust if Arthur Tatham’s wife were no longer living, with Jane Tatham Johnson to be acting trustee. Although Arthur Tatham made four amendments to the trust, at no time did he alter the provision regarding the farm, and thus this provision for the farm remained as stated in the original trust document at Arthur Tatham’s death on September 5, 1985. Arthur Tatham’s will provided that the residue of his estate, comprising the trust assets, was to be distributed in accordance with the provisions of the trust. A trustee’s deed giving respondent title to the farm was executed on December 8, 1986, and was duly recorded on December 10, 1986, after the hearings regarding the division of marital property had been conducted but before the judgment of dissolution was entered.

In the judgment of dissolution entered on April 13, 1987, the circuit court determined that respondent had been receiving a salary of $800 per month as farm manager prior to the parties’ marriage but that after the marriage, respondent voluntarily ceased to collect this salary. The circuit court held that had respondent continued to collect this salary, this salary would have been part of the marital estate. Therefore, the circuit court found that respondent’s refusal to accept a salary was a contribution by the marital estate to nonmarital property of the respondent for which the marital estate was entitled to reimbursement and that respondent’s personal efforts were significant and resulted in substantial appreciation of the nonmarital property. For those reasons, the circuit court ordered respondent to pay petitioner $32,800 (one-half of the amount of salary that would have been paid had respondent continued to collect this salary during the entire marriage).

Respondent contends that the circuit court erred in determining that respondent’s personal efforts were a contribution of the marital estate to the nonmarital estate. He argues that because title to the farm remained in the trust until December 1986, respondent’s personal efforts can only be viewed as personal efforts to nonowned property as opposed to nonmarital property and therefore outside the purview of the statute. We do not agree.

Respondent’s reasoning is erroneous for several reasons. Section 503(b) of the Illinois Marriage and Dissolution of Marriage Act states:

“For purposes of distribution of property pursuant to this Section, all property acquired by either spouse after the marriage and before a judgment of dissolution of marriage or declaration of invalidity of marriage, including non-marital property transferred into some form of co-ownership between the spouses, is presumed to be marital property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy, tenancy in common, tenancy by the entirety, or community property. The presumption of marital property is overcome by a showing that the property was acquired by a method listed in subsection (a) of this Section.” (Ill. Rev. Stat. 1987, ch. 40, par. 503(b).)

From the language of the statute, for the purposes of distribution, consideration must be given to all property acquired by the parties of the marriage after the marriage and before the date of dissolution. In this case, the date of dissolution of the parties’ marriage was April 13, 1987. If consideration is given to the transfer of title to the farm as indicative of when respondent acquired legal ownership of the farm, then the date of acquisition was December 8, 1986, before the date of dissolution. Thus the farm must be considered in the circuit court’s distribution of property, either as marital property or as non-marital property, as it was owned by respondent at the date of dissolution. Next, we must determine if the farm was nonmarital property or marital property.

Under section 503(b), property acquired by the parties after a marriage and before the date of dissolution is presumed to be marital property. This presumption can be overcome by showing that the property was acquired in one of the methods set forth in section 503(a) of the Illinois Marriage and Dissolution of Marriage Act. (Ill. Rev. Stat. 1987, ch. 40, par.

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

Related

In re Marriage of Reed
2023 IL App (1st) 220949-U (Appellate Court of Illinois, 2023)
In re Marriage of Asta
2016 IL App (2d) 150160 (Appellate Court of Illinois, 2016)
In Re Marriage of Tatham
688 N.E.2d 864 (Appellate Court of Illinois, 1997)
In Re Marriage of Burris
636 N.E.2d 71 (Appellate Court of Illinois, 1994)
In Re Marriage of Booth
627 N.E.2d 1142 (Appellate Court of Illinois, 1993)
In Re Marriage of Benkendorf
624 N.E.2d 1241 (Appellate Court of Illinois, 1993)
In Re Marriage of Werries
616 N.E.2d 1379 (Appellate Court of Illinois, 1993)
In Re Marriage of Zwart
614 N.E.2d 884 (Appellate Court of Illinois, 1993)
In Re Marriage of Jelinek
613 N.E.2d 1284 (Appellate Court of Illinois, 1993)
In Re Marriage of MacZko
636 N.E.2d 559 (Appellate Court of Illinois, 1992)
In re Marriage of Metz
598 N.E.2d 369 (Appellate Court of Illinois, 1992)
In re Marriage of Olson
585 N.E.2d 1082 (Appellate Court of Illinois, 1992)
In Re Marriage of Vucic
576 N.E.2d 406 (Appellate Court of Illinois, 1991)
Carnes v. Dressen
574 N.E.2d 845 (Appellate Court of Illinois, 1991)
In Re Marriage of Harmon
568 N.E.2d 948 (Appellate Court of Illinois, 1991)
In Re Marriage of Osborn
564 N.E.2d 1325 (Appellate Court of Illinois, 1990)
In Re Marriage of Kamp
557 N.E.2d 999 (Appellate Court of Illinois, 1990)
In Re Marriage of Rogliano
555 N.E.2d 1114 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
527 N.E.2d 1351, 173 Ill. App. 3d 1072, 123 Ill. Dec. 576, 1988 Ill. App. LEXIS 1282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-tatham-illappct-1988.