Marriage of Buhr v. Buhr

395 N.W.2d 433, 1986 Minn. App. LEXIS 4930
CourtCourt of Appeals of Minnesota
DecidedNovember 4, 1986
DocketCX-86-956
StatusPublished
Cited by2 cases

This text of 395 N.W.2d 433 (Marriage of Buhr v. Buhr) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Buhr v. Buhr, 395 N.W.2d 433, 1986 Minn. App. LEXIS 4930 (Mich. Ct. App. 1986).

Opinion

OPINION

HUSPENI, Judge.

Janice Buhr appeals from the property division and maintenance provisions of her dissolution decree. She argues that the trial court abused its discretion in dividing the parties’ property and in awarding maintenance for only four years. Respondent Larry Buhr filed a notice of review, seeking to reverse the award of maintenance. We affirm.

FACTS

The parties were married on June 11, 1961. They have two children, both of whom are now adults. The Buhrs separated on April 1, 1984, and a temporary hearing was held on September 18, 1985. In the interim, the parties had informally agreed upon an allocation of bills for living expenses. A final hearing on the dissolution of the marriage was held on January 16 and 17, 1986.

At the time of the marriage, respondent was a college freshman. Both parties worked full-time while he completed college. After his graduation in 1965, he went to work for Sears. He continued employment with Sears until 1983, when he bought the Sears catalog store franchise in Faribault. He continues to own and operate that store. The court found his net income from the business to be $1,700.00 per month.

Appellant has not attended college. She was a full-time homemaker from 1965 to 1976. From 1976 to 1979, she worked part-time. Since 1979, she has been employed full-time as a secretary/receptionist/opto-metric assistant, with a net monthly income of $742.00. She also receives income from investment of non-marital property in the amount of $297.00 per month, before taxes.

The parties agreed to the valuation of assets. Respondent was awarded the catalog store franchise and assets, valued at $3,000.00, and 864 shares of Sears stock, valued at $31,860.00. The stock was awarded to respondent primarily to off-set the allocation of debts. All business-related debts, amounting to $17,726.54, were allocated to him, along with a $5,000.00 loan incurred after the separation. The parties share responsibility for two other loans incurred after the separation, one for $7,000.00 and the other for $4,707.69. Other assets and debts were also allocated but are not at issue here. The division of property can be summarized as follows:

Appellant Respondent
Assets $11,271.17 $42,185.00
Debts 5,853.84 36,829.62
Net Marital Asset Distribution 5,417.33 5,355.38

The court awarded appellant maintenance of $200.00 per month through May, 1986, and $500.00 per month for the following four years.

ISSUES

1. Did the trial court abuse its discretion in determining the division of property?

2. Did the trial court abuse its discretion in awarding maintenance?

ANALYSIS

I.

The property division determined by the trial court results in a nearly equal *435 division of the net marital assets. Respondent is awarded a larger share of the assets, with a correspondingly larger share of the debts. Appellant argues that the trial court should have divided the Sears stock equally between the parties rather than awarding it entirely to respondent. Appellant argues that without a portion of the stock, the only major liquid asset of the parties, she may be unable to pay debts allocated to her.

A trial court has broad discretion in dividing property upon dissolution of a marriage. Miller v. Miller, 352 N.W.2d 738 (Minn.1984). An equal division of the wealth accumulated through the joint efforts of the two parties is appropriate when a long-term marriage is dissolved. Elwell v. Elwell, 372 N.W.2d 67, 71 (Minn.Ct.App.1985). The division includes apportionment of both assets and debts. Plaster v. Plaster, 373 N.W.2d 604, 607 (Minn.Ct.App.1985).

The trial court’s division of property accumulated during this twenty-five year marriage reflects an approximately equal distribution when both assets and debts are considered. In reaching this result, the court awarded the business and its associated debts to respondent. Appellant does not contest allocating business-related debts to respondent. Further, where one party is awarded sole title to property, it is appropriate to hold only that party liable on associated debts. Stevens v. Stevens, 300 N.W.2d 1, 1 (Minn.1980). However, to equalize the distribution, the court awarded a disproportionate share of marital assets to respondent. It did so by means of the Sears stock. We find no abuse of discretion in making such an allocation.

Appellant acknowledges that all debts identified by the court as marital debts are, in fact, marital debts, but contends that a $7,000.00 loan incurred on September 4, 1985, which was after the separation but before the temporary hearing, should be allocated entirely to respondent. The parties had informally agreed upon a plan for payment of bills during this time. Respondent states that the funds were used to pay bills accumulated over a year-and-a-half period, when income from the store dropped substantially. He adds that as a result of the informal agreement, he paid approximately $1,000 per month in expenses for appellant and the minor child. Appellant argues that respondent used the money to pay child support and maintenance, and other expenses of appellant and the parties’ daughter. She contends that to require her to pay half of the loan would make the child support and maintenance payments illusory.

The court considered the use made of the $7,000 loan proceeds and concluded that the loan was incurred during the marriage and for the benefit of both parties or the family. The court added that the fact appellant had no knowledge of the loan or did not consent to it does not make it a non-marital debt. We note that what appellant refers to as child support and maintenance payments were in fact an allocation of bills agreed upon by the parties and not court ordered payments based upon a consideration of income and ability to pay. We find no abuse of the court’s broad discretion in allocating such a marital debt equally between the parties, particularly when the allocation results in a nearly equal distribution of property.

II.

Both parties seek review of the maintenance award. The trial court found that appellant lacks sufficient property, including marital property apportioned to her, to presently provide for her reasonable needs and that she is presently unable to support herself, after considering all relevant circumstances, through appropriate employment. The court found appellant’s monthly expenses to be $1,900.00, her net income from employment to be $742.00, and her pre-tax investment income to be $297.00 per month. Maintenance of $500.00 per month was awarded for a four year period.

Appellant contends that this time period is not sufficient to allow her to complete a *436

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Bluebook (online)
395 N.W.2d 433, 1986 Minn. App. LEXIS 4930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-buhr-v-buhr-minnctapp-1986.