In Re the Marriage of Anderson

717 P.2d 11, 220 Mont. 477
CourtMontana Supreme Court
DecidedApril 2, 1986
Docket85-403
StatusPublished
Cited by4 cases

This text of 717 P.2d 11 (In Re the Marriage of Anderson) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Anderson, 717 P.2d 11, 220 Mont. 477 (Mo. 1986).

Opinion

MR. JUSTICE GULBRANDSON

delivered the Opinion of the Court.

The wife appeals from a judgment and order of the Madison County District Court dividing the marital estate between the parties. She claims that the District Court abused its discretion by miscalculating the value of certain marital assets and inequitably dividing the marital estate, and that the District Court’s decision was not based on substantial credible evidence. We affirm in part and reverse and remand for additional findings.

Mabel Ringling and Russell Anderson were married on November 12, 1949. Before their separation in May 1981 and their divorce in April 1985, they jointly acquired and operated ranch properties. The down payment on the Harrison Ranch, the first property acquired, was made possible by financial assistance from the wife’s family. The wife’s family later partially financed some additional property and farm equipment for the ranch. The parties repaid loans from the family during the course of their marriage. In 1968, the parties acquired additional properties using jointly held assets. The parties negotiated a sale of these properties in 1976, reserving 191 acres of the Harrison Ranch for their home. The proceeds from the sales *479 were initially deposited into joint accounts and securities. Later, after their separation, the parties agreed to divide the payments equally. The wife has occupied the Harrison Ranch since their separation.

In December 1978, the parties purchased a one-half interest in the “Bruce-Ridder contract.” The husband testified that, when he and the wife separated, they agreed she would have the Harrison Ranch, he would have the Bruce-Ridder contract and that these were about equal in value. The wife disputes both the agreement and the valuation of this contract.

The husband, in partnership with others, entered into two business ventures, the “Cameron Group” investment and the “Blue Anchor Bar and Cafe” in 1980 and 1981. The District Court found that he invested $21,000 of marital funds; that these investments, made only in the husband’s name, have proved unprofitable; and that the husband currently discharges these obligations through monthly payments.

Prior to their separation, the parties made a number of other investments using jointly held funds. Some lost money. Some were profitable. Generally, the parties shared the losses and profits equally.

The District Court excluded the cash value of one-half of the investments in the Cameron Group and Blue Anchor Bar and Cafe, in addition to the wife’s share of her family trust, from the net value of the marital estate. The wife received her family trust shares and the cash value of these investments. The District Court then divided the remaining amount equally, awarded the Harrison Ranch to the wife and awarded the Bruce-Ridder contract to the husband. They shared the income from the ranch sales equally. The husband also received his interest in the Cameron Group and Blue Anchor Bar and Cafe investments, some securities, his current home in Butte, one-half interest in his business partnership, and his personal property. The wife also received securities, her Arabian horse breeding business, her personal property, and some miscellaneous assets.

In order to effect equal distribution, the District Court ordered the wife to pay the husband $82,912.24 or assign to him the equivalent of that sum from the ranch sale contracts.

We address two issues on appeal:

(1) Did the District Court correctly value the marital assets and the total marital estate?

(2) Did the District Court equitably divide the marital estate?

*480 The parties agree on the standard of review.

“. . . In dividing property in a marriage dissolution the District Court has far-reaching discretion and its judgment will not be altered without a showing of clear abuse of discretion. The test of abuse of discretion is whether the trial court acted arbitrarily without employment of conscientious judgment or exceeded the bounds of reason resulting in substantial injustice . . .” [Citations omitted.]

In re Marriage of Perry (Mont. 1985), [217 Mont. 162,] 704 P.2d 41, 43, 42 St.Rep. 1101, 1104.

The wife argues in the first issue that the District Court clearly abused its discretion by accepting the husband’s valuations of assets and the total estate. The evidence shows no substantial difference between the parties valuation of assets claimed by and assigned to the wife. The parties disagree only on the value of the Bruce-Ridder contract, the Cameron Group, the Blue Anchor Bar and Cafe, and the husband’s share of the R & J Amusements business, all claimed by and assigned to the husband.

The District Court expressly valued the Bruce-Ridder contract using a 25% discount of the net value, with the husband’s interest then valued at $100,766.63. The wife argues that a discount in the value is unrealistic when the balance of the contract was due within one year of the trial date, as in this case. The husband testified that applying a discount of 25% is a normal procedure in the purchase and sale of contracts in the secondary market. He also testified that the upcoming balloon payment would probably not be made. As we stated in Marriage of Summerfelt (Mont. 1984), [212 Mont. 332,] 688 P.2d 8, 11, 41 St.Rep. 1775, 1778, the fair market value of a contract rarely, if ever, equals the balance due. Under these circumstances, the District Court did not abuse its discretion when he adopted the husband’s valuation of the Bruce-Ridder contract.

The District Court found that the parties had orally agreed the wife would receive the Harrison Ranch and the husband would receive the interest in the Bruce-Ridder contract and found that these properties were substantially equal in value. The wife contends the District Court abused its discretion in finding the parties reached an agreement on this division of property. The wife’s past financial statements listed the ranch as her property and the husband’s financial statements listed the Bruce-Ridder contract as his property. The wife lived at the ranch and testified that, up to the time of trial, this division had been carried out. During the husband’s testimony on the agreement, she objected only that the testimony was inadmis *481 sible as evidence of compromise negotiations. Even ignoring his testimony, the District Court had sufficient evidence with the wife’s testimony and the parties’ financial statements to award the Harrison Ranch to the wife and the Bruce-Ridder contract to the husband. We find no abuse of discretion on this point.

The District Court’s finding that the properties were approximately equal in value is harmless error. Erroneous findings of fact that are not necessary to support the District Court’s decision are not grounds for reversal. Eaton v. Morse (Mont. 1984), [212 Mont. 233,] 687 P.2d 1004, 1010, 41 St.Rep. 1708, 1715.

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Bluebook (online)
717 P.2d 11, 220 Mont. 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-anderson-mont-1986.