In Re the Marriage of Staudt

700 P.2d 175, 700 P.2d 179, 216 Mont. 196, 1985 Mont. LEXIS 786
CourtMontana Supreme Court
DecidedMay 23, 1985
Docket84-565
StatusPublished
Cited by7 cases

This text of 700 P.2d 175 (In Re the Marriage of Staudt) 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 Staudt, 700 P.2d 175, 700 P.2d 179, 216 Mont. 196, 1985 Mont. LEXIS 786 (Mo. 1985).

Opinion

MR. JUSTICE MORRISON

delivered the Opinion of the Court.

Arthur E. Staudt filed a petition for dissolution of marriage which was tried on May 3, 1984. The Stillwater County District Court entered findings of fact and conclusions of law and a judgment on August 6, 1984. Marilyn J. Staudt appeals from this judgment. We affirm.

Arthur and Marilyn Staudt were married on June 8, 1957. They have two sons, born in 1960 and 1962. Arthur graduated with a degree in veterinary medicine in 1960. In 1964, the Staudts built a veterinary clinic in Absarokee, Montana, for $30,000; $10,000 of that sum was received as a gift from Marilyn’s grandmother.

In 1969 the Staudts bought a ranch for $56,000. It was purchased on a contract for deed, with the down payment being borrowed. In 1972, Arthur retired from the practice of veterinary medicine and the Staudts devoted their time to raising and selling registered horses. The Staudts lived together on the ranch until 1981 when they separated and Marilyn moved from the ranch. They attempted an unsuccessful two-month reconciliation in 1982 prior to commencement of these proceedings.

The only asset the Staudts have of any significant value is the ranch which has increased in value to approximately $450,000. Before trial, the Staudts stipulated that the ranch was to be sold and the District Court was asked only to set the percentage division of the sale proceeds between the parties.

The District Court apportioned the Staudts’ property approximately evenly. It is from this distribution that Marilyn appeals. The specific issues appellant addresses on appeal are as follows:

1. Whether the inheritance of the appellant should have been the sole property of the wife or included in the marital estate.

2. Whether the court erred in the valuation of the stock in question.

3. Whether the court abused its discretion in dividing the real property.

4. Whether the court erred in requiring that the wife pay one-half of the ranch operating debt, existing at date of separation.

5. Whether the District Court erred when it failed to include, as a *199 marital debt, the indebtedness incurred by the wife for the purpose of making the ranch payment.

6. Whether the court erred in failing to include in the distribution of property, the tractor, manure spreader and disk.

7. Whether a new trial should have been granted.

The Inheritance of Appellant

In 1975, Marilyn inherited various stocks from her grandmother. These stocks were placed in trust in 1975 and disbursed in 1979. The stocks have been held at Paine, Webber, Jackson & Curtis since 1979 as a stock portfolio. They have not been cashed and remain in the same form. Income from these stocks has been used in the marriage. Since separation of the parties, the income has been used by Marilyn alone.

The District Court treated this stock as a marital asset and appellant asserts this is error. Appellant particularly takes exception to the District Court finding “[i]n that the stock was preserved due in good part to Petitioner’s contributions of his income, said stock should be considered a marital asset.”

Section 40-4-202(1), MCA, provides, in part, that in a dissolution of marriage, the District Court shall:

“equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired and whether the title thereto is in the name of the husband or wife or both ... In dividing . . . property acquired by gift, bequest, devise, or descent . . . the court shall consider those contributions of the other spouse to the marriage, including:
“(a) the nonmonetary contribution of a homemaker;
“(b) the extent to which such contributions have facilitated the maintenance of this property;”

This Court has recognized that inherited assets are marital property, but the District Court must consider the origin of the assets and the contributions of the divorcing parties to its preservation when making an award of assets. In re the Marriage of Keepers (Mont. 1984), [210 Mont. 350,] 691 P.2d 810. 41 St.Rep. 2163. There was no question that Arthur worked hard in the marriage. The preservation of the stock in its original form was due, at least in part, to his hard work. It never became necessary to sell the stock because the Staudts had an income from the ranch.

The District Court awarded the stock to Marilyn in the division of *200 property. We affirm the inclusion of this stock in the marital property.

Valuation of Stocks

The appellant also contends that the District Court erred in its valuation of the stock. The District Court valued the inherited stock at $60,500. Both parties submitted affidavits to the court listing their assets and liabilities. Both parties valued the stock in their affidavits at $60,000. At trial, appellant testified the stock was worth approximately $54,000 to $55,000. In his proposed findings of fact, respondent valued the stock at $60,497.45. In an affidavit submitted to the court after judgment was rendered, appellant stated the stock had declined in value to $48,000.

Clearly, the value of stock is subject to fluctuation. The trial judge is free to select the value he wishes, so long as there is substantial credible evidence to support the value he selects. In re the Marriage of Glass (Mont. 1985), [215 Mont. 248,] 697 P.2d 96, 42 St.Rep. 328. Therefore, the trial judge did not err when he adopted the value respondent placed on the stock.

We affirm the valuation of the inherited stock by the trial judge.

50/50 Division of Property

Appellant argues that the division of the ranch proceeds was an abuse of discretion by the District Court. The main thrust of her argument is that she contributed $10,000 to build their first veterinary clinic which, when sold, went toward the purchase of their ranch.

Although it is true that one-third of the clinic was paid for by the appellant, the remaining two-thirds was paid principally by the work and veterinary practice of the respondent. A trial court has far-reaching discretion in making property divisions in dissolution proceedings. In re the Marriage of Madden (Mont. 1984), [211 Mont. 237,] 683 P.2d 493, 41 St.Rep. 1332. We see no abuse of that discretion in the equal division of the ranch property. We affirm.

50/50 Split of Ranch Operating Debt

In 1981, when Marilyn and Arthur separated, the ranch operating debt was $29,400. Since the separation the debt has increased to *201 $52,416.

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Cite This Page — Counsel Stack

Bluebook (online)
700 P.2d 175, 700 P.2d 179, 216 Mont. 196, 1985 Mont. LEXIS 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-staudt-mont-1985.