In Re the Marriage of Davis

1999 MT 218, 986 P.2d 408, 295 Mont. 546, 56 State Rptr. 856, 1999 Mont. LEXIS 222
CourtMontana Supreme Court
DecidedSeptember 14, 1999
Docket98-541
StatusPublished
Cited by13 cases

This text of 1999 MT 218 (In Re the Marriage of Davis) 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 Davis, 1999 MT 218, 986 P.2d 408, 295 Mont. 546, 56 State Rptr. 856, 1999 Mont. LEXIS 222 (Mo. 1999).

Opinions

JUSTICE REGNIER

delivered the opinion of the Court.

¶ 1 After nearly 20 years of marriage, Janet Kenny Davis filed a petition for dissolution in the First Judicial District Court, Lewis and Clark County. Following a hearing on the merits, the District Court set forth its division of marital property in its findings of fact and conclusions of law, which were incorporated in the Decree of Dissolution. Royal A. Davis appeals from the property distribution contained in the District Court’s Findings of Fact and Conclusions of Law dated June 24,1998, and the Decree of Dissolution dated June 26,1998. We affirm.

¶2 Royal raises the following issues:

¶3 1. Did the District Court err when it included the entire appraised value of the family residence in the marital estate rather than the appreciation in value accrued during the marriage?

¶4 2. Did the District Court err when it declined to admit a quitclaim deed dated June 8,1990, from Royal to his mother?

¶5 3. Did the District Court err when it did not make specific findings concerning the share of appreciation in value of the family residence that could be attributed to Janet’s contributions?

¶6 Based on our resolution of the first issue, we do not consider the second and third issues in detail.

FACTUAL AND PROCEDURAL BACKGROUND

¶7 Janet and Royal Davis were married on June 16, 1978. Upon their marriage, the couple moved into the home of Royal’s mother, Martha Davis, at 1400 North Benton in Helena, Montana. Almost immediately, the couple began personally remodeling the home to enable Martha, who was in poor health, to continue to reside in the home. They put in a kitchen and dining room downstairs, expanded the bathroom, painted, tore out old carpeting, and refinished the wood floors. Later in the marriage, the couple built a garage on the property.

¶8 Royal originally purchased the home at 1400 North Benton in 1975, together with his previous wife, Norma, and his mother, Mar[548]*548tha. After the dissolution of Royal’s marriage to Norma in 1976, the interest in the house was sold to Martha on November 5, 1976.

¶9 On April 10,1990, Martha quitclaimed her interest in the property to Royal, reserving a life estate for herself. This Quitclaim Deed was recorded in the Lewis & Clark County Clerk and Recorder’s Office on May 22,1990. Despite conveying the property to Royal in 1990, Martha paid the mortgage, insurance, taxes, and utilities associated with the property from 1976 until her death in August 1994. Thereafter, Royal and Janet assumed responsibility for the payments associated with ownership of the home.

¶10 During the hearing conducted on March 25, 1998, Royal attempted to introduce a Quitclaim Deed dated June 8,1990, purporting to transfer the property back to Martha and to reserve a life estate for himself and his heirs and assigns. The District Court refused to allow the deed into evidence on the basis that the deed had not been recorded. The District Court went on to declare that the property had been titled in Royal’s name since 1990.

¶11 During the lunch recess, Royal recorded the June 8, 1990 Quitclaim Deed. Once the hearing reconvened, Royal again attempted to offer the deed into evidence. The District Court refused to allow the deed into evidence and requested that the parties brief the issue after the hearing. The District Court ultimately found that the deed, if ever delivered to Martha, was not recorded during her lifetime.

¶12 The couple resided in the home, along with Martha and their two children, throughout the duration of their marriage, with the exception of a period of approximately two years when the couple lived in Florida. In addition, beginning in approximately 1986, a friend of Royal’s resided in the home rent-free from approximately May through October of each year, contributing only minimally toward the purchase of groceries.

¶13 Janet maintained regular employment during the marriage and is currently employed as a secretary for the nursing department at Carroll College. Royal’s employment during the marriage was sporadic with a lengthy period of unemployment from approximately 1986 to 1996. In addition to being the primary wage earner, Janet performed most of the housekeeping chores, cooking for the family, and maintaining the household.

¶14 Royal has disabilities for which he receives SSI payments, which are reduced commensurate with the amount of income he [549]*549earns. In addition, Royal was provided SRS funds to attend law school from 1992 to 1995. Royal is presently employed at the office of a local attorney under a fee splitting arrangement, which has provided him with relatively little income. Royal also has a federal firearms license under which he has conducted a firearms business that has not generated any income.

¶15 For much of the time she lived with Janet and Royal, Martha was in poor health. At one point, the condition of her health was such that it was recommended that Martha be placed in a nursing home. Consequently, Janet was required to prepare meals, clean, shop, and do laundry for Martha, particularly during the time Royal attended law school. In addition, staff from West Mont provided Martha with in-home health care.

¶16 After 19 years of marriage, the couple separated on July 1,1997. On August 15,1997, Janet filed a petition for dissolution of marriage in the First Judicial District Court, Lewis and Clark County. After a hearing on the merits, the District Court entered a decree of dissolution on June 26, 1998, incorporating its findings of fact and conclusions of law dated June 24, 1998.

¶17 The District Court concluded that the home located at 1400 North Benton was a marital asset and required Royal to pay to Janet the sum of $35,000 by a certain date or, in the alternative, list the property for sale and pay to Janet 45 percent of the sale proceeds. The appraised value of the house at the time the parties separated was $86,300.

¶ 18 In reaching its determination, the District Court found it significant that the family had lived in the home for most of the marriage; that Janet had made contributions to the marriage as the primary wage earner and homemaker; and that Janet had helped care for Royal’s ailing mother. The District Court ultimately concluded that Janet’s contributions to the marriage had facilitated the maintenance of the property.

¶19 On June26,1998, the District Court entered a decree of dissolution, incorporating its findings of fact and conclusions of law. Royal filed a Motion to Stay, Notice of Appeal and Certification of Mediation on July 23,1998. No resolution was achieved through mediation, pursuant to Rule 54 of the Montana Rules of Appellate Procedure. On November 17,1998, this Court issued an order granting a stay from the decree on the condition that the home not be transferred or further encumbered pending appeal.

[550]*550STANDARD OF REVIEW

¶20 We review the division of marital property by a district court to determine whether the findings upon which the district court relied are clearly erroneous. In re Marriage of Engen, 1998 MT 153, ¶ 26, 289 Mont. 299, ¶ 26, 961 P.2d 738, ¶ 26; In re Marriage of Foreman, 1999 MT 89, ¶ 14, 294 Mont. 181, ¶ 14, 979 P.2d 193, ¶ 14, (citations omitted).

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In Re the Marriage of Davis
1999 MT 218 (Montana Supreme Court, 1999)

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Bluebook (online)
1999 MT 218, 986 P.2d 408, 295 Mont. 546, 56 State Rptr. 856, 1999 Mont. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-davis-mont-1999.