Klaus v. Klaus

918 S.W.2d 407, 1996 Mo. App. LEXIS 542, 1996 WL 148295
CourtMissouri Court of Appeals
DecidedApril 2, 1996
DocketNo. 67001
StatusPublished
Cited by35 cases

This text of 918 S.W.2d 407 (Klaus v. Klaus) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klaus v. Klaus, 918 S.W.2d 407, 1996 Mo. App. LEXIS 542, 1996 WL 148295 (Mo. Ct. App. 1996).

Opinion

CRAHAN, Presiding Judge.

Husband appeals from the division of property and the award of maintenance to Wife in the decree dissolving their marriage. We affirm.

Husband and Wife were married in September, 1965 and separated in September, 1990. Two children, Matthew and Katura Klaus, were bom of the marriage. Husband was employed by Mario Graphics Inc., (hereinafter “Company”), a printing company owned by the Klaus family. Wife had worked for Company in the past but was not employed outside the home at the time of dissolution. Company was founded by Husband’s father, Martin Klaus, in 1948. Husband’s father ran the business until 1982, when Husband took over as president. Prior to his death in 1983, Martin Klaus gave his stock in Company to Husband, Wife, Matthew and Katura. At the time the petition was filed, Husband held 36.1% of the stock, Wife held 22.5%, and each of the children held 20.7%.

According to Husband, Company ran into financial difficulty in 1986. Husband’s expert testified that Company’s stock had become worthless by 1987. It is undisputed that at this time Company procured a line of credit using the personal assets of Husband and Wife as collateral. Husband cites this as evidence of Company’s desperate financial status. Wife contends the personal guarantees were routine and that Company did not become aware of its financial troubles until after certain accounting reports were finalized in 1988, seven months after the line of credit had been established. In order to improve Company’s cash flow, Wife left Company’s employ and Husband’s annual pay was reduced from $107,000 to $85,000. Wife’s expert testified that the company did have a negative net worth, but that this did not mean that the stock was worthless.

In 1988, outside consultants were employed to manage Company. Husband discontinued his management activities and instead focused on sales. Subsequently, Company returned to profitability. Husband attributes this to the investment of his labor, the sacrifice of his income and the line of credit secured by personal, marital assets. Wife contends it was due to the replacement of Husband by outside management.

During the dissolution proceedings, Husband argued that the Company stock given to him and Wife by Husband’s father had been transmuted from separate to marital property. There is no dispute that the stock was originally separate property. Husband argued that as the stock had become worthless as of 1987 and had only regained its present value through the use of marital assets and his labor, it should now be considered part of the marital estate. The trial court found that the stock remained separate property.

On appeal Husband contends that the court abused its discretion and erroneously applied the law when it classified the Company stock as separate property. We will affirm the judgment unless there is no substantial evidence to support it, unless it is against the weight of the evidence, or errone[409]*409ously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).

Husband argues that because marital funds and labor were used to increase equity in the separately held Company stock, the marital estate should be compensated for these contributions. Marital assets which are used to increase the value of non-marital assets, and are thereby co-mingled with non-marital assets, may be recovered to the extent of the contribution made. § 452.330.2 RSMo 1988; Drikow v. Drikow, 803 S.W.2d 122, 125 (Mo.App.1990). Husband reasons that as the stock became worthless in 1987, the entire value of the stock at the time of dissolution was attributable to the contributions made by marital labor and the use of marital assets. He therefore concludes that all of the Company stock owned by Husband and Wife should have been classified as marital property and divided accordingly.

Entitlement to a share of the increased value of non-marital property due to marital effort requires proof of (a) a contribution of substantial services; (b) a direct correlation between those services and the amount of increase in value; (e) the amount of the increase in value; (d) performance of the services during the marriage; and (e) the value of the services, the lack of compensation, or inadequate compensation. Meservey v. Meservey, 841 S.W.2d 240, 246 (Mo.App.1992). The trial court has considerable discretion in determining whether, as a result of marital services or labor, non-marital property has increased in value and whether this increase should be determined to be marital property. In re Marriage of Patroske, 888 S.W.2d 374, 378 (Mo.App.1994). As a result, we will not disturb the trial court’s decision on such matters without a clear showing of abuse of discretion. Id.

The trial court found that no share of the Company stock was transmuted into marital property. There is substantial evidence supporting this decision. Husband first claims that marital labor, namely his efforts as a salesman and manager, contributed to the recovery of Company. Wife presented evidence that the rebound of Company profits was due to factors other than the efforts of Husband. In 1988, Company hired outside consultants to manage the company. Company then enjoyed three years of profits in excess of $200,000 a year. In 1991, Husband resumed control of the management of Company. For the next three years, Company either earned less than $12,000 or lost money. Accordingly, it was within the trial court’s discretion to conclude that Husband’s labor was not directly related to the increase in value of Company’s stock.

There was also substantial evidence that Husband was adequately compensated for his services by his $85,000.00 salary. While this figure does represent a significant decrease from Husband’s prior earnings of $107,000.00, nothing in the record suggests that this was less than adequate compensation. Moreover, at the same time Husband’s compensation was reduced, Wife gave up her employment with the company altogether, thus eliminating her compensation.

Husband next contends the use of marital property as collateral for loans crucial to the survival of Company transmuted Company stock from separate to marital property. This argument is squarely refuted by Signaigo v. Signaigo, 718 S.W.2d 647 (Mo.App.1986). In Signaigo, this court held that the use of one spouse’s separate property and marital property to secure financing for the other’s separately held corporation did not render the corporate stock marital property. Id. at 648. The court noted that no marital funds were invested in the corporation and that only corporate funds were used to pay off the debt. Id.

Husband argues Signaigo is dissimilar as the corporation involved was not as financially troubled as Company and because there was no evidence that the loans in Signaigo facilitated a corporate recovery. The fact that Signaigo did not find the secured loans to be crucial to the restoration of a corporation with “worthless” stock is inapposite.

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

Related

Anthony Hoyt v. David Robertson
Missouri Court of Appeals, 2019
Stephens v. Stephens
297 Neb. 188 (Nebraska Supreme Court, 2017)
Cosby v. Cosby
291 S.W.3d 795 (Missouri Court of Appeals, 2009)
In Re Marriage of Thomas
199 S.W.3d 847 (Missouri Court of Appeals, 2006)
Moore v. Moore
189 S.W.3d 627 (Missouri Court of Appeals, 2006)
Foraker v. Foraker
133 S.W.3d 84 (Missouri Court of Appeals, 2004)
B.J.D. v. L.A.D.
23 S.W.3d 793 (Missouri Court of Appeals, 2000)
O'Brien v. O'Brien
508 S.E.2d 300 (Court of Appeals of North Carolina, 1998)
Jones v. Jones
958 S.W.2d 607 (Missouri Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
918 S.W.2d 407, 1996 Mo. App. LEXIS 542, 1996 WL 148295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klaus-v-klaus-moctapp-1996.