In re the Marriage of: Edith Liebrand & Frederic D. Liebrand

CourtCourt of Appeals of Washington
DecidedMarch 19, 2019
Docket35551-9
StatusUnpublished

This text of In re the Marriage of: Edith Liebrand & Frederic D. Liebrand (In re the Marriage of: Edith Liebrand & Frederic D. Liebrand) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington 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: Edith Liebrand & Frederic D. Liebrand, (Wash. Ct. App. 2019).

Opinion

FILED MARCH 19, 2019 In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

IN RE THE MATTER OF THE ) MARRIAGE OF EDITH LIEBRAND, ) No. 35551-9-III ) Respondent, ) ) and ) ) UNPUBLISHED OPINION FREDERIC D. LIEBRAND, ) ) Appellant. )

FEARING, J. — Frederic Liebrand appeals many discretionary decisions entered by

the trial court in this dissolution proceeding. We affirm all trial court decisions.

FACTS

Husband Frederic Liebrand grew up in Oklahoma and is the only surviving child

of his parents. At the time of trial, Frederic was 54 years old. Liebrand holds a

bachelor’s degree in physics and mathematics and a bachelor of science degree in

business administration. He also impressively earned a master of science degree and PhD

in theoretical physics from Purdue in 1990. He has since taught physics at Walla Walla

University.

Edith Liebrand was 55 years old at the time of trial. Edith was raised in Morocco No. 35551-9-III In re Marriage of Liebrand

and France. Edith attended Purdue University from 1985 to 1989. She received a

bachelor’s degree in English and French literature and a master’s degree in French

literature.

Frederic and Edith met during graduate school at Purdue. The couple married on

December 17, 1991. Edith was previously married and bore a son from that marriage.

Frederic and Edith Liebrand begat two children.

On her divorce from her first husband, Edith Liebrand shared custody of her son

with her ex-husband, the father of the boy. When Edith’s former husband learned of

Edith’s engagement to Frederic, the husband sought sole custody of the child. Frederic

contributed $20,000 to $40,000 from his savings to pay for Edith’s attorney fees in

fighting for custody. Frederic’s parents contributed another $70,000 to $80,000 for

payment of fees.

During the marriage of Frederic and Edith Liebrand, Frederic’s mother and father,

Esther and Clair, often transferred money to the couple’s joint bank account. After the

father’s death, the mother continued to transfer money to the couple. Frederic Liebrand’s

parents established a trust. After the father’s death and during the remainder of her

lifetime, Esther Liebrand served as trustee and was the principal beneficiary. For one to

three years during the marriage, Frederic and Edith Liebrand sent money for the care of

Edith’s mother in France.

2 No. 35551-9-III In re Marriage of Liebrand

Frederic Liebrand owned a house in College Place at the time of his marriage to

Edith. He also owned, with his parents, a home in Indiana. In June 1995, Frederic sold

his College Place house for $123,000. During this time, he also received $16,000 in

wheat sale proceeds from his interest in an Oklahoma farm.

In autumn 1995, Frederic and Edith Liebrand purchased property along Stateline

Road in Walla Walla and built a home there, which later required substantial remodeling.

The deed to the land listed both Frederic and Edith as grantees. The lender’s deed of trust

also listed Frederic and Edith as owners. The couple filed a lawsuit against the remodeler

of the home. The complaint in the lawsuit alleged Edith to be co-owner of the property.

Frederic signed the complaint under oath and verified the truth to all allegations in the

pleading.

Records show that Clair and Esther Liebrand, in February 1996, transferred

$20,000 to Frederic. The elder couple transferred another $20,000 to Edith at the same

time. The elder couple sent additional checks to Frederic in 1996 in the respective sums

of $30,000, $10,000, and $22,300.

Edith Liebrand formerly taught French at Walla Walla University. At some

unknown date, the university fired her. Frederic blames the termination of employment

on Edith’s purported disputatious nature.

3 No. 35551-9-III In re Marriage of Liebrand

After termination of Edith Liebrand’s employment at Walla Walla University,

Frederic wished for additional income for the family and conceived of Edith managing a

business so she could be self-employed. The couple opened one combination A&W and

Orange Julius restaurant in Walla Walla and the same combination restaurant in

Pendleton. Frederic assisted in managing the restaurants.

In 1997, Frederic and Edith Liebrand obtained financing for the restaurant

businesses. The lender took a mortgage on the Stateline Road residence. The mortgage

listed Frederic and Edith Liebrand as owners of the home.

In 2002, the restaurant businesses failed. Frederic and Edith Liebrand filed

bankruptcy. Frederic then sold a farm in Oklahoma for $250,000 and used the proceeds

to retire debt.

At some unknown date, Frederic and Edith Liebrand sought to purchase a

residence for their son in Seattle. Initially the couple planned to purchase a Seattle

townhouse for the son in both of their names. Nevertheless, a tax lien resulting from debt

incurred for the restaurants would attach to any real property purchased by Frederic, but

for some unknown reason not property purchased by Edith. Therefore, the Seattle

townhouse was purchased under the names of Edith and Esther Liebrand, the latter being

Frederic’s mother.

Since 2003, Edith Liebrand has worked as an adjunct professor at Walla Walla

4 No. 35551-9-III In re Marriage of Liebrand

Community College. The position is half-time. During the summer, Edith works fifteen

hours a week at Walls Vineyards in Walla Walla. She makes $12 per hour.

Frederic Liebrand may contribute a maximum of two and one-half percent of his

pay into a 401k retirement account. His employer matches this amount, raising the

amount placed into the account to five percent of Frederic’s earnings. According to

Frederic, Edith may place twenty percent of her community college salary into a 401k

retirement account.

According to Frederic, Edith’s spending significantly increased in 2012 and the

couple thereby incurred high credit card debt. From 2012 to 2015, Esther Liebrand paid

credit card debt of Frederic and Edith Liebrand in the amount of $324,000.

Two days before separating with Frederic in September 2015, Edith damaged the

couple’s Toyota Camry. She struck Frederic’s truck with the Camry.

Frederic Liebrand’s sight is deteriorating in one eye. He undergoes chelation

therapy for mercury and lead poisoning.

PROCEDURE

Frederic and Edith Liebrand separated in early September 2015. Edith filed for

divorce on September 11, 2015.

Before trial, Frederic’s mother, Esther Liebrand, intervened pursuant to CR 24 to

assert an interest in the Seattle townhouse. Neither party objected to the intervention.

5 No. 35551-9-III In re Marriage of Liebrand

Esther died on December 13, 2016, before trial. The parties stipulated to substituting her

estate as an intervenor.

At Esther’s death, Frederic substituted as trustee for his parents’ trust and became

the sole beneficiary of all but 0.02 percent of the trust. At trial, the trust held a value of

$916,237.

During the dissolution proceeding, Frederic Liebrand claimed the Stateline Road

residence to be his separate property. He also claimed that his mother Esther owned all

or half of the Seattle townhouse. Nevertheless, in a response to an interrogatory, Frederic

characterized the Stateline Road residence as a community asset. In a September 2015

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