Korzan v. Korzan

488 N.W.2d 689, 1992 S.D. LEXIS 124, 1992 WL 200216
CourtSouth Dakota Supreme Court
DecidedAugust 19, 1992
Docket17588
StatusPublished
Cited by6 cases

This text of 488 N.W.2d 689 (Korzan v. Korzan) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Korzan v. Korzan, 488 N.W.2d 689, 1992 S.D. LEXIS 124, 1992 WL 200216 (S.D. 1992).

Opinions

MILLER, Chief Justice.

Suzanne M. Korzan (Suzanne) appeals the property settlement portion of her decree of divorce from Floyd J. Korzan (Floyd). We affirm.

FACTS

Floyd was born in 1916 and married his first wife Rita in 1948. Floyd and Rita had four children and accumulated a significant amount of land. Rita died in 1957. In June 1963, Floyd purchased 520 acres of land from his brother on a contract for deed. Floyd put $1,200 down and promised to pay $1,000 per year for the next eighteen years. Floyd completed payment on the contract before 1981.

Floyd and Suzanne were married in December of 1963. Floyd was 47 and Suzanne was 25. The trial court found that Suzanne had a negative net worth at the time of the marriage. Floyd and Suzanne had five children. Floyd retired in 1976 and sold his livestock and machinery and began renting the land. He inherited $48,-000 in 1980 and used the money to pay debts.

Suzanne left Floyd approximately ten times during the marriage. During their final separation, Suzanne purchased a house in Mitchell, which the trial court valued at $18,000. Suzanne also initiated divorce actions several times during the marriage. Finally, in 1991, Floyd and Suzanne agreed to divorce on mutual grounds of irreconcilable differences.

Including attorney’s fees, the trial court found that Floyd had debts of $6,400 and [691]*691Suzanne had debts of $16,643. The trial court found that Floyd had provided interim support to Suzanne and the children in the amount of $44,298. Floyd grossed $13,725 per year from land rent. Of that amount he had a net rental income of $5,615 in 1988 and $3,300 in 1989. Floyd also received $316 per month from Social Security ($3,792 per year).

Suzanne earned $500 per month babysitting, $100 per month from a paper route, $50 per month rent from her son, and $100 per month from house cleaning ($9,000 per year). She had rooms in her house that she could rent for $305 per month. At the time of the trial court’s findings of fact there were no tenants in those rooms.

The trial court concluded that the 520 acres purchased on the contract for deed and the house in Mitchell were marital property. The trial court decided all other real property was not marital property. The trial court also concluded that “[because [Suzanne] was absent from the home for approximately one-half of the time of the marriage; such absence contributed to an inability of [Floyd] to further accumulate equity or assets of the parties.”

The trial court decided Suzanne was entitled to $18,300 of the value of the land purchased on the contract for deed, to be paid in equal installments over seven years. The trial court specifically ordered the obligation was to be repaid without interest. The trial court ordered that Suzanne would receive the house in Mitchell, but would remain solely responsible for the debt on the house. The trial court found there was $4,782 equity in the house and that one-half of that equity belonged to Floyd. The trial court ordered Floyd to reduce his payments to Suzanne by $28.46 per month for the seven years noted above. The trial court ordered Floyd to pay Suzanne $1,500 to help with her attorney’s fees.

WHETHER THE TRIAL COURT ABUSED ITS DISCRETION IN DIVIDING THE MARITAL PROPERTY.

Suzanne contends the trial court abused its discretion in dividing the marital property. The trial court is required to make an equitable division of property and its decision will not be reversed unless it clearly appears there was an abuse of discretion. Nelson v. Nelson, 454 N.W.2d 533, 537 (S.D.1990); Peterson v. Peterson, 449 N.W.2d 835, 839 (S.D.1989). In making an equitable division of the property the trial court is to consider the duration of the marriage, the value of the property of each party, the age of the parties, their health and competency to earn a living, and the contribution each has made to the accumulation of marital property. Nelson, 454 N.W.2d at 537; Peterson, 449 N.W.2d at 839.

The trial court decided that only two items of real property were part of the marital estate. These were the 520 acres purchased shortly before the marriage and the home purchased in Mitchell during one of the separations. The trial court found they had $4,782 equity in the Mitchell home. The trial court found that the land was worth $150 per acre (520 X $150 = $78,000). Floyd had paid $1,200 down on the land prior to the marriage. The trial court concluded that the $1,200 downpayment should be deleted from the value of the marital estate ($78,000 — $1,200 = $76,800).

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Korzan v. Korzan
488 N.W.2d 689 (South Dakota Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
488 N.W.2d 689, 1992 S.D. LEXIS 124, 1992 WL 200216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/korzan-v-korzan-sd-1992.