In Re the Marriage of Krause

654 P.2d 963, 200 Mont. 368, 1982 Mont. LEXIS 942
CourtMontana Supreme Court
DecidedSeptember 23, 1982
Docket82-020
StatusPublished
Cited by19 cases

This text of 654 P.2d 963 (In Re the Marriage of Krause) 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 Krause, 654 P.2d 963, 200 Mont. 368, 1982 Mont. LEXIS 942 (Mo. 1982).

Opinion

MR. JUSTICE HARRISON

delivered the opinion of the Court.

This is an appeal from a judgment of the District Court of the Thirteenth Judicial District, State of Montana, in and for the County of Yellowstone, dividing the marital assets of the parties. The wife appeals.

The parties were married on October 18, 1974, at Billings, Montana. It was the second marriage for both parties. There were no children born of the marriage, however, each of the parties has children from their previous marriage. Barbara Krause was trained to be a registered nurse but has not worked in that capacity since 1970. Larry Krause presently works as a petroleum engineer. In February of 1977, Barbara petitioned for a divorce. A decree of dissolution was signed by the District Judge on May 17, 1978. The decree did not make a property disposition, rather the District Court expressly reserved jurisdiction to make the disposition at a later date.

During the marriage the parties pooled their assets and made investments. Principally, they invested in oil and gas properties, three kinds of common stock, and real property *371 located on the Boulder River. Only the above-mentioned assets were disputed at the trial; the parties having previously agreed on a division of the balance of the property.

By stipulation of the parties the District Court appointed a Special Master, a certified public accountant, for purposes of reporting to the Court on the following issues:

1. Ascertaining the net worth of the respective parties including a determination of all assets owned or acquired by the respective parties;

2. Determining those assets of the parties that were acquired during the course of the marriage and tracing the application of the premarital assets of the respective parties and their application for acquisition of marital assets or post-marital assets;

3. Providing a written report to the Court specifically determining the sources or derivation of the assets of the respective parties.

The Special Master completed his report on January 31, 1981. The report set out the original acquisition cost of the various properties and the contribution of each party. Also, the fair market value at or near the time of divorce is indicated and divided between the parties proportionate to the amount of their contribution at the time of acquisition. The pertinent part of the report is set out below:

Larry Barbara Total Krause Krause

2000 Shares Energy

Resources Stock $ 4,109.85 2,339.81 1,770.04

18,000.00 10,247.40 7,752.60 Value 5/17/78

300 Shares Continental

Group Stock 8,599.68 2,010.89 6,588.79

Value 5/17/78 9,375.00 2,191.88 7,183.12

100 Shares Simplicity

Pattern 1,639.50 383.37 1,251.63

Value 5/17/78 1,375.00 321.48 1,053.52

*372 Boulder Property 15.000.00 7,500.00 7,500.00

Value 5/17/78 18.000.00 9,000.00 9,000.00

Oil Properties 36,847.63 29,088.49 7,759.14

Value 1/1/79 72,414.00 57,163.31 15,250.39

Total Cost Values 66,169.66 41,322.56 24,869.60

Total Fair Market

Value @ 5/31/78 $119,164.00 78,924.37 40,239.63

On March 3, 1981, the property distribution part of their case was heard before the District Court. The Court made findings of fact and conclusions of law on June 22 and entered its judgment on September 16.

The Court awarded 65 percent of the interest in the oil and gas properties to Larry Krause and the balance to Barbara Krause; each was awarded 50 percent of the Boulder River Property; and two of the common stocks, Energy Resources and Continental Group, were split 65 percent and 35 percent to Larry and Barbara respectively. The remaining stock, Simplicity Pattern, was awarded to Barbara. The petitioner, Barbara Krause, was unsatisfied with this distribution and appeals to this Court.

The appellant raises three issues: (1) whether the District Court erred in its consideration of non-monetary contributions; (2) whether the District Court erred by failing to value assets at the time of the dispositional hearing; and (3) whether there was a want of candor and disclosure regarding financial information relating to the oil and gas interests?

In relation to the first issue, the appellant contends that: (1) her husband’s non-monetary contributions were wrongly considered as monetary contributions, and (2) that her non-monetary contributions were not considered. We do not agree with either assertion.

Regarding her first assertion she points to her husband’s contribution to the oil and gas interests. During the marriage, Larry Krause was given the option to take a decrease in earnings in return for the opportunity to participate in working oil and gas interests. In 1975 he took a cut of $6.25 *373 from his hourly consultant’s fee. Then in 1977 he took another cut of $2.90 per hour. These foregone earnings of the husband coupled with a cash contribution of the wife resulted in the acquisition of the oil and gas interests. The District Court found that the cost of acquiring these interests was $36,847; with $29,088 attributable to the husband’s foregone earnings and $7,759 attributable to the wife’s cash contribution.

The appellant/wife contends it is error to “give any monetary weight to non-monetary contributions. . In other words, she argues that the foregone earnings were non-monetary contributions and the District Court improperly assigned to them a dollar value.

In all of our previous cases when we spoke of non-monetary contributions we were referring to those contributions which are difficult to quantify in dollars and cents. For example, in Eschenburg v. Eschenburg (1976), 171 Mont. 247, 557 P.2d 1014, we noted that a marriage is much more than a business relationship, thus contributions to the 32-year marriage included raising four children, managing the household, entertaining at social activities, and volunteering services to activities related to the husband’s career. In the case of Biegalke v. Biegalke (1977), 172 Mont. 311, 316, 564 P.2d 987, 990, non-monetary contributions of the wife included “wearing out her wedding band chipping wood, turning bales in the field, [and] chasing cattle on foot. . .” Again, in In Re Marriage of Kaasa (1979), 181 Mont. 18, 23, 591 P.2d 1110, 1113 non-monetary contributions were described as follows: “she helped move cattle out to pasture, hauled cattle by trucks, helped with branding, cooked for the crews, raised chickens and was responsible for the family garden.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marriage of: Caldwell
2025 MT 127N (Montana Supreme Court, 2025)
Marriage of Frank
2022 MT 179 (Montana Supreme Court, 2022)
Marriage of Low
2018 MT 6N (Montana Supreme Court, 2018)
Marriage of Harr
2017 MT 167N (Montana Supreme Court, 2017)
Marriage of Carle v. Steyh
2015 MT 193 (Montana Supreme Court, 2015)
Marriage of Jackson v. Jackson
2008 MT 25 (Montana Supreme Court, 2008)
In Re the Marriage of Bartsch
2004 MT 99 (Montana Supreme Court, 2004)
In Re Marriage of Pospisil
2000 MT 132 (Montana Supreme Court, 2000)
In Re the Marriage of Skinner
783 P.2d 1350 (Montana Supreme Court, 1989)
In Re the Marriage of Milesnick
765 P.2d 751 (Montana Supreme Court, 1988)
Marriage of Butler
756 P.2d 1159 (Montana Supreme Court, 1988)
In Re the Marriage of Feisthamel
739 P.2d 474 (Montana Supreme Court, 1987)
Wegman v. Wegman
123 A.D.2d 220 (Appellate Division of the Supreme Court of New York, 1986)
In Re the Marriage of Loegering
689 P.2d 260 (Montana Supreme Court, 1984)
In re the Marriage of Rohrich
683 P.2d 1308 (Montana Supreme Court, 1984)
Marriage of Rohrich
Montana Supreme Court, 1984

Cite This Page — Counsel Stack

Bluebook (online)
654 P.2d 963, 200 Mont. 368, 1982 Mont. LEXIS 942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-krause-mont-1982.