In Re the Marriage of Martin

436 N.W.2d 374, 1988 Iowa App. LEXIS 329, 1988 WL 149268
CourtCourt of Appeals of Iowa
DecidedDecember 22, 1988
Docket87-1399
StatusPublished
Cited by5 cases

This text of 436 N.W.2d 374 (In Re the Marriage of Martin) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa 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 Martin, 436 N.W.2d 374, 1988 Iowa App. LEXIS 329, 1988 WL 149268 (iowactapp 1988).

Opinions

SCHLEGEL, Presiding Judge.

Respondent Warren L. Martin appeals the economic provisions of the dissolution decree. He claims the division of the parties’ marital property is inequitable and that the court was in error in awarding rehabilitative alimony. We affirm with modification.

The parties, who were married in 1966, are the owners of two hundred acres of farm land upon which there was, at the time of trial, minimal indebtedness. They were also the owners of certain farm machinery, part of which they owned only a one-half interest. The parties’ other property consisted of stored com and soybeans, two checking accounts, PIK certificates (government program certificates entitling them to “in-kind” commodities), and certain household goods and equipment. At the time of trial there were growing crops on the parties’ farm land and on Warren’s mother’s farm, which Warren farmed in shares.

Upon trial, the court placed the following values upon the assets and liabilities of the parties:

Assets
Farm real estate $124,000
Crops 1986 — on hand 4,000 bu com @$1.50 6,000
1,900 bu beans @ $5.00 9,500
PIK 1.900
1987 — growing crop estimate 17,400
168.1 A com @ 119 X $1.82 $36,407
114 A beans @ 35 x $4.77 19,032
55,439
Cash
Checking
Husband $3,500 + proceeds 1,100 bu. beans sold during week of 8/3/87 9,000
Wife ■ 1,400
Farm Equipment & Automobiles 57,840
Stacie's Automobile 5,775
Household goods & furnishings 5,000
Total Assets $275,854
Liabilities
Long Contract $7,500
Martin Contract 2,500
$10,000
Bank 10,000
$20,000
Net Worth: $255,854

Based upon these valuations, the court awarded Pamela $122,527, payable in ten equal installments and bearing interest at the rate of ten percent per annum. The court also awarded Pamela household goods worth $2,500, a Chrysler automobile valued at $1,500, and her checking account in the amount of $1,400, all of which represented one-half of the parties’ net worth as determined by the court. The farm was awarded to Warren, subject to the lien awarded to Pamela. The court further awarded Pamela rehabilitative alimony in the amount of $500 per month for a period of four years. The court also ordered Warren to pay $1,000 in attorney’s fees.

Our review of the court’s decree in this equity matter is de novo. Iowa R.App. P. 4. We give weight to the trial court’s findings, but we are not bound by them. Marriage of Sparks, 323 N.W.2d 264, 265 (Iowa App.1982). We consider Warren’s property claims separately.

Warren first contends that the value of the farm real estate, as found by the court, is in error. Warren testified that in his opinion, the real estate had a value of $92,000. In his brief, he states that the trial court should have valued the land at $102,000. Upon our careful review of the record, we find that the valuation fixed by the trial court was based upon a thorough and careful appraisal by a highly qualified land appraiser. While we do not criticize the appraisal made by Warren’s appraiser, we believe petitioner’s appraiser was more thorough in his reasoning and documentation, and we affirm the court’s finding that the real estate has a value of $124,000. There seems to be no dispute as to the value of the 1986 crops on hand. We accept these values, as did the trial court. Warren next objects not only to the valuation fixed upon the growing crops, but [376]*376upon the court’s consideration of those growing crops as marital property. He claims since the crops represent his earnings for the year, they should not be considered in the valuation of marital property subject to division. In the alternative, he contends that if the growing crops are to be considered in the valuation of marital property, the court erred in several respects in arriving at their value. We believe there is a question as to whether growing crops should be valued separately from the real estate when establishing the value of marital property. However, we are unable to find any case where this question has been specifically addressed.

In Fawcett Investment Co. v. Rullestad, 218 Iowa 654, 253 N.W. 131 (1934), and Whiteside v. Morris, 197 Iowa 211, 197 N.W. 56 (1924), the supreme court faced the determination of the status of growing crops, and held that: “It is, of course, true ... that growing and immature crops are a part of the land and pass under a conveyance of the land....” Whiteside, 197 Iowa at 213, 197 N.W. at 57. Those cases also hold that “the owner may, by his voluntary act, so far separate the growing crops from the soil as to pass title thereto, independent of his estate in the land.” Id.; see also Fawcett, 218 Iowa at 657, 253 N.W. at 133.

In this matter, we seek an equitable division of the marital property of these parties. Although the growing crop may be considered an expectancy only, it is an accrued and accruing asset and has a value to the parties. Indeed, were that growing crop to be partially damaged or totally destroyed by the negligent act of some third party, the process for determining its value is well established in Iowa law. In Manning v. International Harvester Co., 381 N.W.2d 376, 379 (Iowa App.1985), our court stated: “The proper method of measuring crop damage is the difference between the value the crop should have had and the value actually obtained, less any expenses.” In Martin v. Jaekel, 188 N.W.2d 331 (Iowa 1971), the supreme court approved the following method of determining damages for the total destruction of growing crops:

[T]he proper measure of damage for loss of growing crops is their value in the field at the time of injury or their value in matured condition less the reasonable expense of maturing and marketing. Since there is seldom a market for growing crops as such, by far the most widely accepted method of arriving at their value at the time of destruction is to estimate the probable yield if the crop had not been destroyed, calculate the value of that yield and deduct the value and amount of labor and expense that would have been required, but for their destruction, to mature, care for and market the crop.
Id. at 335 (citing Eppling v. Seuntjens, 254 Iowa 396, 402, 117 N.W.2d 820, 824 (1962)). Although we are not dealing here with the destruction of the growing crops, we believe that the method for arriving at the value of the whole crop, as set out in Eppling, appears to be the fair method of valuation.

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Cite This Page — Counsel Stack

Bluebook (online)
436 N.W.2d 374, 1988 Iowa App. LEXIS 329, 1988 WL 149268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-martin-iowactapp-1988.