In Re the Marriage of Badalamenti

566 S.W.2d 229, 1978 Mo. App. LEXIS 2094
CourtMissouri Court of Appeals
DecidedMarch 21, 1978
Docket38342
StatusPublished
Cited by22 cases

This text of 566 S.W.2d 229 (In Re the Marriage of Badalamenti) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals 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 Badalamenti, 566 S.W.2d 229, 1978 Mo. App. LEXIS 2094 (Mo. Ct. App. 1978).

Opinion

WEIER, Judge.

Petitioner Frances Badalamenti (hereinafter referred to as Frances) filed a petition for dissolution of her marriage to Frank Badalamenti (hereinafter referred to as Frank). After hearing the evidence, the trial court dissolved the marriage and awarded custody of the eighteen year old adopted son to Frank. The court also decreed that no child support be paid, ordered the husband to pay the wife $150 a month maintenance and made orders dividing the parties’ property so that the wife was awarded a dwelling house (which she valued at about $26,000), the 1972 automobile, all household goods and furnishings (except for a few items which the court found were the property of the son or the separate property of the husband), and $5,000 in cash *231 “which sum respondent is ordered to pay to petitioner from one or more of the accounts or certificates of deposit standing in his name or under his control,” and the husband was awarded “all other savings accounts, stocks, certificates of deposit, bonds and debentures standing in his name or under his control,” which if one were to accept certain evidence totaled about $35,-000. The trial court also ordered the husband to pay the wife’s attorney fee. On appeal the husband contests the $5,000 cash award to the wife, the granting of “all or virtually all of the marital property,” so he says, to the wife and the order requiring him to pay her $150 per month maintenance. Disposition of the first two issues depends primarily on whether the husband proved that money in various savings accounts was his or his sisters’ separate property because it came from the sale of property he and his sisters had inherited prior to his marriage. We affirm the trial court judgment in all respects.

The parties were married in Italy in 1949. Frances had been born and raised in St. Louis and Frank had been a citizen of Italy. Frances found a sponsor for Frank and he came to St. Louis in 1950, becoming a naturalized U. S. citizen two years later. Prior to the marriage Frank’s parents died and he and his two sisters jointly inherited some property from their parents. Frank also inherited some property in his name only. These pieces of property were sold at different times, with the sale of the last and largest piece occurring in 1970. The details of the sales and allegedly corresponding investments by Frank is discussed later.

From 1950 until 1955 the couple lived in an apartment with Frances’ mother. The mother paid for the rent and most other expenses during this period. She worked doing hand sewing as did her daughter Frances. Frank worked as a tailor earning $45 a week gross for about a year, then $69 a week for a time, and then $90 a week gross. For a number of years he worked at two jobs.

In 1955 the trio moved into a house on De Tonty Street in St. Louis. The couple bought the house in both of their names for a total price of about $14,000. About half of this amount was paid as a down payment. Frances said the money for the down payment came from money saved by Frank out of his wages. Frank testified that some of the down payment was from his own savings and that about $3,000 was a gift from his uncle. Frank paid off the loan on the house by 1960 partly from his paycheck and partly from money from his uncle. Neither Frances nor her mother contributed to the purchase price of the house. Because of disagreements between Frank and his mother-in-law, she moved out of the house on De Tonty and back to her old apartment for about two years and then she moved back to live with the couple again. Frank’s nephew, Salvatore Bada-lamenti, lived at the house on De Tonty for three or five years and Frank’s niece and her husband lived there for about six months without paying any rent. While the husband, wife and wife’s mother lived on De Tonty, Frances and her mother cooked meals and kept the house. After Frances’ mother retired, she looked after the couple’s son while Frank and Frances were working. With the money she received from social security, Frances’ mother paid for several improvements on the house including a water heater and storm windows. Frances and her mother purchased most of the furniture used by the family during the marriage. Frances paid for her own expenses and for some of the household expenses and each of the three purchased food. The son was born and adopted in 1957.

In October, 1960, the couple signed a contract to purchase, in both of their names, a house on Newton Drive in Ferguson, Missouri, for a total price of $19,450. Sometime in 1960 or 1961 the family (husband, wife, son and wife’s mother) moved into this new house. Both the initial down payment and the monthly mortgage payments for this house were paid by Frank. The source of the funds for these payments is not very clear. The down payment apparently was $7,000. Two thousand dollars of this amount was a loan from the Italian *232 Society. This loan was paid off from some of the money received when the house on De Tonty was condemned by the city for a highway in 1966. An additional $4,000 from the De Tonty property went into the house on Newton, for a total of $6,000. Some money from Frank’s Italian inheritance also went into the house on Newton but he did not know the exact amount. Presumably some of the money for the house on Newton came from Frank’s earnings and from rent received on the De Tonty house between the time the family left that house in 1961 until it was sold to the city in 1966. The last payment on the house on Newton was made in 1969 or 1970. While the family lived in this house, Frank paid the utility bills. He also purchased a new furnace. Both Frank and Frances said they paid for some of the food.

When the De Tonty house was condemned for a highway in 1966, the city paid about $18,000 for it. It is not clear what happened to this money. As mentioned earlier Frank testified that about $6,000 of that amount went into the house on Newton. 1 According to Frances $5,000 of the $18,000 for the De Tonty house went into an account in the name of the husband as trustee for the son. She also testified, and Frank later acknowledged, that about $16,-900 of the money from the De Tonty house was put into an account at Roosevelt Federal Savings and Loan Association in the name of Frank as trustee for Frances his wife. At about that same time Frank bought a car for $4,000. He acknowledged that this money also came from the sale of the house on De Tonty. Obviously some of this testimony had to be disbelieved, otherwise the total amount of disbursements from the $18,000 received from the sale of the house comes to about .$31,000.

The testimony and exhibits introduced in evidence to prove what happened to the proceeds from the sale of the husband’s Italian property is also not clear. Evidence on the sales of the land in Italy came from testimony from the husband and from English translations of several Italian documents. Evidence on openings of bank and savings accounts and later transfers to other accounts came from testimony of Frank and several bank and savings and loan association employees. The wife testified as to some financial dealings but she was generally unaware of what her husband did with money. “He don’t tell me his business. He keeps it to himself.”

In 1946 after Frank’s father died, but before he and Frances were married, a division of the Italian property was made between the members of the husband’s family.

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Bluebook (online)
566 S.W.2d 229, 1978 Mo. App. LEXIS 2094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-badalamenti-moctapp-1978.