In Re the Marriage of Williams

421 N.W.2d 160, 1988 Iowa App. LEXIS 5, 1988 WL 25519
CourtCourt of Appeals of Iowa
DecidedJanuary 27, 1988
Docket86-1836
StatusPublished
Cited by18 cases

This text of 421 N.W.2d 160 (In Re the Marriage of Williams) 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 Williams, 421 N.W.2d 160, 1988 Iowa App. LEXIS 5, 1988 WL 25519 (iowactapp 1988).

Opinions

SACKETT, Judge.

This case involves the issue of equitable division of substantial property acquired in a long-term marriage. We consider whether transfers of assets in violation of court orders and discovery abuses are appropriate factors to consider in making an equitable distribution. We determine them to be relevant factors. We modify the trial court’s award.

I. Procedural History

This case has been in the legal system for over five years and comes to us for the third time. The first time in 1984 in the unreported case of Williams v. Richardson, 368 N.W.2d 734 (Iowa App.1984), we affirmed a trial court’s order finding Wilma Williams in contempt of court and sentencing her to serve a jail sentence for violating an injunction by selling some cattle and for failing to vacate the family home during a period Fred Williams was ordered to have possession. We did not and do not condone Wilma’s actions in disobeying said orders but, after a total review of the record, we find the wrongdoing for which Wilma was found in contempt to be insignificant when compared to Fred’s total sabotage of the dissolution process.

[162]*162The second appeal came after the matter came on for trial. The district court heard evidence and appointed a special master who heard evidence and reported to the court. The trial court entered a decree ordering certain property be given to each party and ordered that other property be sold and debts paid. The trial court then ordered the master to reconvene to hear additional evidence regarding the acquisition of some stock and to determine how it would make a disposition of funds from the sale of property after the stock issue was determined. Before the master reconvened the decree was appealed and transferred to this court. We determined the parties had treated the decree as a final decree and we found it to be a final decree. We recognized there had been unresolved issues in the decree and there was a temptation to refuse to address the issues and remand the case. We elected not to do so finding the matter had been in our system long enough and the record was sufficient for us to make a decision. We rendered a decision wherein we found Fred made no attempt to implement discovery and had in fact impeded the process. We considered Fred’s conduct particularly as it related to his credibility with reference to the disposition of assets under his control during the pendency of the action. We also found Fred had violated injunctions by forging Wilma’s name to a state tax refund, executing a $250,000 confession of judgment and mortgage selling the assets of a family farm corporation and loaning $236,153.93 to a second farm corporation, found to be valueless. We modified the decree to give Fred his insurance policy, bank account and airplane, boat and car. We ordered the other assets go to Wilma and she be required to pay certain debts. We then directed if she were successful in having the confession of judgment and mortgage removed from the real estate she should be required to pay Fred $125,000 plus interest over a period of time. We also ordered Wilma to pay Fred alimony for a short period of time.

The supreme court saw fit to vacate our decision and remand to the district court by the following court order:

Respondent-appellee/cross-appellant’s application for further review is hereby granted after consideration by this court en banc.
The decision of the court of appeals is hereby vacated. The case is hereby remanded to the district court, which shall by November 1,1986 enter a final decree resolving issues not decided in the decree dated February 14, 1985. The district court may take additional evidence it deems necessary to resolve all remaining issues, and the court may also receive additional findings from the special master, so long as the final decree is entered no later than November 1, 1986.
The court shall treat the motel stock and lawsuits referred to in the decree of February 14,1985, as assets or liabilities, as the case may be, as of the date of February 14, 1985, when the marriage was dissolved, and shall take those assets or liabilities into account in dividing the parties’ property and debts and disposing of all economic issues. Either party may then appeal from any provisions of the resulting final decree.

Dated this 1st day of August, 1986.

The matter was returned to district court; additional evidence was heard by the master who made a report. A supplemental decree was entered. From the supplemental decree Wilma appealed and Fred cross-appealed. The case was again transferred to us.

II. Transfers of Assets

Appellant/Cross-Appellee Wilma Williams filed a petition seeking a dissolution of her marriage to Fred Williams and asking for an equitable division of their property. Fred did not live to see a conclusion to these protracted proceedings. His executor has been substituted.

Concerned about the disposal of property, Wilma asked for and obtained on November 23, 1982, an ex parte order enjoining Fred from encumbering property and destroying, altering or concealing records. After a hearing the injunction was affirmed in December 1982, and made appli[163]*163cable to Wilma. It was again affirmed on June 6, 1983, and May 29, 1984.

After the injunction was entered and before the trial court’s decision which formed the basis of the second appeal Fred made the following transfers in violation of the restraining order and injunctions:

1. Withdrew funds in excess of $5,000 from several joint accounts and testified with reference to at least one he put the money in his pocket.
2. Received and forged Wilma’s name on a jointly issued state income tax refund in the amount of $13,322.78. Fred does not deny the forgery. He argues it was all right because he contends he put the money in a family farm corporation.
3. Failed to account for a $26,846.24 loan repaid to him on February 11, 1984, by Shepherd of the Hills, a corporation he owned that had a motel as its major assets.
4. Made a loan to Verona Valley Farms, a family-owned Missouri farm corporation in the amount of $236,166.93.
5. Loaned to Mountain Grove, $37,990.81.
6. Sold 500 shares Artsway stock but made no accounting.
7. Sold or disposed of a boat and trailer.
8. Sold on September 26, 1983, at public auction, 71 head of livestock, extensive equipment including, among other things, seven tractors and accessory equipment, hay/straw, feeders, two grain aerators and dryers, wagons, sprayers, loaders, a combine, wagons, plows, 1971 Chevrolet truck, grain bins, 1975 Chevrolet ¾ ton truck, and extensive tools. No accounting was made.
9. On May 3, 1983, Fred gave to his attorney Tom McCullough and one Bier-stedt a $250,000 mortgage on farmland in Calhoun County. On April 19, 1984, Fred gave a confession of judgment in favor of McCullough for $250,000 filed in Sac and Calhoun Counties. This confession of judgment and mortgage was given at a time when fees of less than $10,000 were due Mr. McCullough.

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In Re the Marriage of Williams
421 N.W.2d 160 (Court of Appeals of Iowa, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
421 N.W.2d 160, 1988 Iowa App. LEXIS 5, 1988 WL 25519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-williams-iowactapp-1988.