In Re Marriage of Zwart

614 N.E.2d 884, 245 Ill. App. 3d 567, 185 Ill. Dec. 443, 1993 Ill. App. LEXIS 761
CourtAppellate Court of Illinois
DecidedMay 28, 1993
Docket2-92-0778
StatusPublished
Cited by4 cases

This text of 614 N.E.2d 884 (In Re Marriage of Zwart) 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 Zwart, 614 N.E.2d 884, 245 Ill. App. 3d 567, 185 Ill. Dec. 443, 1993 Ill. App. LEXIS 761 (Ill. Ct. App. 1993).

Opinion

JUSTICE WOODWARD

delivered the opinion of the court:

Petitioner, Margaret M. Zwart, appeals the judgment of the circuit court which dissolved the marriage of petitioner and respondent, Marten Zwart. Petitioner challenges the property distribution as inequitable.

The parties were married on December 16, 1990. Petitioner filed for dissolution of the marriage on August 20, 1991. At the time of the dissolution, in July 1992, respondent was 53 years old and petitioner was 35 years old. Petitioner had three children from a former marriage who lived with the parties in the marital home. In her petition, petitioner alleged that she was employed as a legal secretary.

According to an affidavit filed on March 12, 1992, respondent stated that he was unemployed. His total living expenses were $2,755.48 per month, and his sole debt was the mortgage on the marital home. Respondent had no income. His assets were $2,500 in a savings account in Barrington and $1,600 in a Swiss bank account.

On April 29, 1992, the court entered an agreed order of stipulation. According to the order, the parties stipulated that the purchase price of the marital residence was $240,000; respondent paid $60,000 plus costs of $5,760.76 to purchase the property; petitioner owned a house as nonmarital property (Palatine house); both parties were in title as joint tenants for the marital home and both signed the mortgage; petitioner would assume responsibility for all credit card debts in her name; petitioner made no claim to any property respondent owned or purchased prior to the marriage; respondent made no claim to the diamond rings he gave petitioner; petitioner received $1,030 from respondent and she signed a promissory note acknowledging the debt; and prior to the marriage petitioner received from respondent $8,748.34 to purchase a car and $2,884 to repair the roof of the Palatine house. The parties did not stipulate that these latter sums were a gift or a loan.

At the hearing, petitioner testified that she had custody of three children from a prior marriage, and she received $115 per week in child support from her former husband. Petitioner estimated that the Palatine house was worth $70,000. It was vacant because it was in need of repair. There were no loans or mortgages against the Palatine house. Petitioner brought no furniture to the marital home, and respondent bought bedroom sets for two of petitioner’s children.

When the parties met in 1988, petitioner’s financial condition was poor. She was working part-time and earning between $140 and $160 per week. Because petitioner was driving a rusty car, respondent took her to buy a new car. Respondent paid for the car because, according to petitioner, respondent wanted to give it to her. Petitioner offered to pay respondent back for the car if she sold the Palatine house.

In November 1989, after they broke off their relationship, petitioner asked respondent for a loan to fix the roof on the Palatine house. Respondent wrote her a letter advising her to come get the money. Instead, petitioner got a loan from her credit union. After they reconciled, respondent paid off the loan and all of petitioner’s other bills.

The parties got engaged in October 1990. They discussed petitioner selling the Palatine house and putting the proceeds into the marital home; however, petitioner did not sell the house. At that time, petitioner secured full-time employment and was making $16,000 per year, gross. Petitioner signed the $180,000 mortgage for the marital home, although she did not make any of the payments. During the marriage, petitioner paid for groceries, her children’s needs, her own needs and expenses for the Palatine house. The promissory note was for money to repair the Palatine house. The house had been in need of repair to make it salable, and the taxes were delinquent. Before the marriage, petitioner spent $520 per month for groceries, and during the marriage petitioner spent $640 per month. During the marriage, petitioner did the cleaning, the cooking and the laundry.

After petitioner filed for dissolution, respondent asked her to disclaim any interest in the marital home. She refused. At the time of the hearing, petitioner was making $20,000 per year. Petitioner testified that a realtor estimated that the listing price for the marital home should be $289,000.

Testifying as an adverse witness, respondent stated that he was a citizen of the Netherlands. He had been a part owner of a European corporation, Contiweb. In 1983, that company was bought out by another corporation and became Stork Contiweb. Respondent received fll00,000 (Dutch guilders) from the sale of Contiweb, which respondent estimated as $56,000 or $59,000. Respondent worked for that corporation in the United States on a limited work visa. Respondent was the vice-president of marketing for Stork Contiweb, making $87,000, when his employment was terminated in July 1989. He received severance pay until the end of January 1990. The visa respondent had did not allow him to work for any company in the United States other than Stork Contiweb.

According to respondent, when he met petitioner, the car she was driving was unsafe. He thought she should get a new car, but she said she could not afford to do so. Respondent told her he would take care of it, so he wrote a check to the car dealership for the car. Later, petitioner said she would repay him when she sold the Palatine house.

Respondent testified that he purchased the marital home because they needed a large house to accommodate petitioner’s children. In January 1991, the parties closed on the sale of the marital residence. Respondent put petitioner’s name on the deed to the home because petitioner promised to sell the Palatine house and apply the proceeds to the new house. Respondent expected that to result in lower mortgage payments. He purchased all of the furniture for the marital home. Respondent made the down payment for the home and paid for the furniture by transferring funds from European bank accounts into his local account. During the marriage, respondent paid for everything for the house and paid petitioner’s car insurance. He also bought $250 worth of groceries each week. In July 1991, respondent told petitioner he wanted a joint account with her. In September 1991, she executed the promissory note. Respondent admitted that he asked petitioner to disclaim any ownership interest in the marital residence after petitioner filed for dissolution.

On his 1990 income tax return, respondent reported an income of approximately $11,000. At the time of the hearing, in addition to the bank account in Barrington and the account in Switzerland, respondent had an account in the Netherlands into which his father deposited money. Respondent deposited over $150,000 in the Barrington account in 1990; from January through October 1991, he deposited $66,000. The current balance in his Barrington account was $5,000. Respondent also admitted that he gave petitioner over $29,000 prior to the marriage.

Testifying in his own behalf, respondent explained that the money for the car was a loan, and they discussed that at the dealership. In the summer of 1990, during one of their break-ups, respondent asked petitioner for an IOU for the car loan.

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Bluebook (online)
614 N.E.2d 884, 245 Ill. App. 3d 567, 185 Ill. Dec. 443, 1993 Ill. App. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-zwart-illappct-1993.