In Re the Marriage of Russell

473 N.W.2d 244, 1991 Iowa App. LEXIS 57, 1991 WL 140541
CourtCourt of Appeals of Iowa
DecidedMay 29, 1991
Docket90-252
StatusPublished
Cited by49 cases

This text of 473 N.W.2d 244 (In Re the Marriage of Russell) 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 Russell, 473 N.W.2d 244, 1991 Iowa App. LEXIS 57, 1991 WL 140541 (iowactapp 1991).

Opinion

OXBERGER, Chief Judge.

James and Marcia Russell were married in 1968. They are the parents of a daughter born in 1977. A decree filed November 17, 1989, dissolved the Russells’ marriage. The decree placed their daughter in joint legal custody and in Marcia’s primary physical care.

James is a mortician. During the marriage the Russells purchased and then operated a funeral home business. At the time of trial, the business consisted of three funeral homes in separate towns. The larger funeral home was incorporated, whereas the two smaller funeral homes were operated as sole proprietorships. The trial court valued the business, including real estate, at $400,000 subject to approximately $68,000 of debt and awarded it along with approximately $225,000 in investment accounts to James. James was responsible for all debts of the business. Additionally, James was awarded a building worth $17,000, subject to a $16,000 debt, an account in the amount of $5,000 and a life insurance policy worth approximately $5,000.

The trial court set aside to Marcia $124,-000 in an investment account. This account consists solely of money she inherited during the marriage plus the interest earned on the money. Marcia was awarded the marital home, valued at $44,000 subject to a debt of $8,700, an IRA valued at $13,500, household items valued at $15,-000, bank accounts and her life insurance policies. Marcia’s net award of marital assets was valued at $67,000. To balance the settlement, James was ordered to pay Marcia a cash award of $185,000 payable in installments. The trial court stated the award granted sixty percent of the marital estate to James and forty percent to Marcia.

*246 The trial court also directed James to pay Marcia alimony of $400 per month for forty-eight months and child support of $210 per week.

Marcia has appealed the dissolution decree.

Marcia challenges the division of property. She argues the trial court undervalued the business, therefore, her cash property award is too low. She also complains the trial court erred in not awarding her a life insurance policy, insuring her life, owned by the corporation. Lastly, she contends that because she is the custodial parent, she should have been awarded the Cadillac automobile owned by the corporation. She further asserts the automobile was an anniversary gift to her.

Marcia also requests a modification in James’s summer visitation schedule. She asks to be provided with weekend visitation during the six-week period the child will be in James’s care.

Lastly, Marcia requests attorney fees on appeal.

In this equity action, our review is de novo. Iowa R.App.P. 4. We examine the entire record and adjudicate anew rights on the issues properly presented. In re Marriage of Steenhoek, 305 N.W.2d 448, 452 (Iowa 1981). We give weight to the fact findings of the trial court, especially when considering the credibility of witnesses, but are not bound by them. Iowa R.App.P. 14(f)(7).

The partners in a marriage are “entitled to a just and equitable share of the property accumulated through their joint efforts.” In re Marriage of Havran, 406 N.W.2d 450, 452 (Iowa App.1987). We consider property division and alimony together in evaluating their individual sufficiency. In re Marriage of Dahl, 418 N.W.2d 358, 359 (Iowa App.1987). The Iowa courts do not require an equal division or percentage distribution. The determining factor is what is fair and equitable in each particular circumstance. In re Marriage of Hoak, 364 N.W.2d 185, 194 (Iowa 1985) (citation omitted).

Both James and Marcia presented experts who provided widely diverging assessments about the value of the funeral home business. Marcia’s expert placed a much higher value on the business than James’s experts. James’s experts had experience in valuing funeral home businesses or in operating funeral home businesses, whereas, the expert who testified for Marcia had never appraised a funeral home business before. The value assigned by the trial court is closer to the values presented by James’s experts. We find the value placed on the business by the trial court to be well within the permissible range of evidence and will not disturb it on appeal. See In re Marriage of Bare, 203 N.W.2d 551, 554 (Iowa 1973); In re Marriage of Griffin, 356 N.W.2d 606, 608 (Iowa App.1984).

In dividing the marital estate, the trial court determined it was equitable to award James sixty percent of the estate. We disagree. Both Marcia and James contributed to the marital enterprise. While James’s contribution added more to the financial success of the marital enterprise, we find Marcia’s contributions to the family home and the family business equally important. Additionally, the marriage lasted approximately twenty-one years and neither party brought substantial assets or debts into the marriage. Therefore, we find the division of the marital assets should be equalized. In attempting to equalize the division, we affirm the trial court’s allocation of marital assets, such as the business and the marital home, but direct James to pay Marcia a larger cash award as explained below.

At trial, the two witnesses who testified about offering to purchase the business, both testified their offers included James’s services for some period after the sale. One of the witnesses testified he considered it imperative James agree to assist with the business for at least five years after the sale. The witness stated James’s services were important because of the reputation he had built in the community. Upon being asked if he would be willing to pay the same price for the busi *247 ness without James’s services the witness stated “Not really; we would have to reevaluate that.”

From our evaluation of the record, we conclude the value of the business due to James’s services post dissolution is approximately $50,000. This sum represents the increase in value of the business if James assists in the conversion of the business to new ownership. Because this sum arises as a result of James’s efforts after the dissolution, we conclude it should not be included in the allocation of assets of the marital estate. As a result of this the value of the business only adds $350,000 to the divisible marital estate. Additionally, the business is subject to approximately $68,000 of debt.

Because we do not include the postdisso-lution services in evaluating the business in the divisible marital estate, the net value of the marital estate is $585,000. James’s net award resulting from the decree’s allocation of marital assets, equals $518,000. Marcia’s net award resulting from the decree’s allocation of marital assets is $67,-000.

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

Related

In re the Marriage of Bell
Court of Appeals of Iowa, 2025
In re the Marriage of Verduyn
Court of Appeals of Iowa, 2025
In re The Marriage of McCreedy
Court of Appeals of Iowa, 2023
In re the Marriage of Naylor
Court of Appeals of Iowa, 2018
In re Marriage of Barrett
Court of Appeals of Iowa, 2018
In Re the Marriage of Gensley
777 N.W.2d 705 (Court of Appeals of Iowa, 2009)
In Re the Marriage of Hazen
778 N.W.2d 55 (Court of Appeals of Iowa, 2009)
In Re the Marriage of Hagerla
698 N.W.2d 329 (Court of Appeals of Iowa, 2005)
In Re the Marriage of Dean
642 N.W.2d 321 (Court of Appeals of Iowa, 2002)
In Re the Marriage of Campbell
623 N.W.2d 585 (Court of Appeals of Iowa, 2001)
In Re the Marriage of Wendell
581 N.W.2d 197 (Court of Appeals of Iowa, 1998)
In Re the Marriage of Smith
573 N.W.2d 924 (Supreme Court of Iowa, 1998)
In Re Marriage of Gonzalez
561 N.W.2d 94 (Court of Appeals of Iowa, 1997)
In Re the Marriage of Miller
552 N.W.2d 460 (Court of Appeals of Iowa, 1996)
In Re the Marriage of O'Rourke
547 N.W.2d 864 (Court of Appeals of Iowa, 1996)
In Re Marriage of Liebich
547 N.W.2d 844 (Court of Appeals of Iowa, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
473 N.W.2d 244, 1991 Iowa App. LEXIS 57, 1991 WL 140541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-russell-iowactapp-1991.