Marriage of Charlson v. Charlson

374 N.W.2d 473, 1985 Minn. App. LEXIS 4522
CourtCourt of Appeals of Minnesota
DecidedSeptember 17, 1985
DocketC2-85-679
StatusPublished
Cited by4 cases

This text of 374 N.W.2d 473 (Marriage of Charlson v. Charlson) 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 Charlson v. Charlson, 374 N.W.2d 473, 1985 Minn. App. LEXIS 4522 (Mich. Ct. App. 1985).

Opinion

OPINION

WOZNIAK, Judge.

Warren M. Charlson (appellant) appeals from the trial court’s order denying his motion for a new trial in this marital dissolution case. Appellant claims that the trial court erred in awarding Marie Charlson (respondent) a lien on the parties’ residence where that residence is predominantly his nonmarital property. We affirm.

FACTS

Warren M. Charlson and Marie A. Charl-son were married on August 10, 1973. The parties have one minor child, Phillip Warren Charlson, who was born on May 13, 1974. The trial court awarded custody of Phillip to Marie with reasonable visitation by Warren.

At the time of the divorce, both parties were employed. Warren was employed at Universal Cooperatives, Inc. in Albert Lea, Minnesota. His gross earnings or wages were approximately $319.58 per week and his take-home pay was approximately $246.06 per week. Marie was self-employed, running an upholstery business from the garage of the parties’ home in Twin Lakes, Minnesota. Her gross earnings were approximately $15,000 per year.

When the parties were married, they moved into the home in Twin Lakes, Minnesota which Warren had owned since 1967. The trial court found that, at the time of the marriage, this home had a value of approximately $15,000.

The trial court found that Marie brought to the marriage as her nonmarital asset a residence in Bear Lake, Minnesota. This residence was sold for $10,000; of the net sales proceeds, approximately $4,000 was used by the parties in remodeling the Twin Lakes residence brought to the marriage by Warren Charlson. The court found that the parties also used $3,000 cash, which was brought to the marriage by Warren as his nonmarital asset, in remodeling the Twin Lakes residence.

According to the trial court’s findings, the Twin Lakes residence had a value of *475 approximately $35,000 at the time of dissolution.

The trial court awarded the Twin Lakes residence to Warren as his nonmarital property, subject to a $15,000 lien payable to Marie. The lien is to be paid in full when the residence is sold or on November 1, 1989, whichever shall first occur, and is to bear interest at the rate of 8% per year. This lien represents (a) a $2,940 differential in the award of household goods and other personal property; (b) the return to Marie of $6,000 in cash as nonmarital property; and (c) the return to Marie of her nonmari-tal contribution to the value of the residence: $4,000 proceeds from the sale of her Bear Lake residence, plus $2,364 representing her proportionate share of the gain in value at a gain factor of 59.09%.

The court granted Marie the right to oceupy the residence rent-free until October 31, 1987. During this period, Marie must pay all real estate taxes, insurance, and the expenses of normal care and maintenance, and take ordinary care of the residence and surrounding yard. Warren is required to pay the expenses of any necessary major repairs and improvements. While the trial court’s conclusions of law do not specifically state that Warren is entitled to possession of the house at the end of Marie’s period of occupancy, that is the obvious inference. The court did not, however, provide that Warren will be entitled to possession if he pays off the lien before it is due.

The trial court also ruled that if Marie elects to move from the residence prior to October 31, 1987, she must notify Warren at least thirty days prior to the date of her removal. Again, while the trial court did not expressly state it, the obvious inference is that Warren will be entitled to immediate possession of the property if Marie moves out.

By order dated February 19, 1985, the trial court amended its findings of fact to provide that the Twin Lakes residence constitutes 18.18% Marie’s nonmarital asset and 71.82% Warren’s nonmarital asset. This finding was based on the court’s previous findings that Warren brought the Twin Lakes residence to the marriage as his nonmarital asset, that Marie contributed $4,000 of the net proceeds of her Bear Lake residence to the remodeling of the Twin Lakes residence, and that Warren contributed nonmarital assets of $3,000 cash to the remodeling.

These two percentages total 90%. The trial court did not specifically find that the remaining 10% was marital property. We infer from the trial court’s findings, however, that this 10% interest in the residence is a marital asset of both parties.

ISSUE

Did the trial court abuse its discretion in awarding Marie Charlson a lien on the parties’ former residence where that residence was divided into nonmarital property of Warren Charlson, nonmarital property of Marie Charlson, and marital property of both parties?

ANALYSIS

1. The standard of review for property settlements is very narrow. The trial court has broad discretion and will be reversed only for a clear abuse of discretion. Dammann v. Dammann, 351 N.W.2d 651, 652 (Minn.Ct.App.1984) (citing Bogen v. Bogen, 261 N.W.2d 606, 609 (Minn.1977)). Courts have no power to distribute property in a dissolution except by statute. Filkins v. Filkins, 347 N.W.2d 526, 528 (Minn.Ct.App.1984). Not distributing the property according to the statute is an abuse of discretion. Dammann, 351 N.W.2d at 652.

2. The trial court’s division of the residence into nonmarital property of Warren Charlson, nonmarital property of Marie Charlson, and marital property of both parties is supported by case law. In Schmitz v. Schmitz, 309 N.W.2d 748 (Minn.1981), the supreme court held that, where a spouse sells a residence which she owned before the marriage and reinvests the proceeds in a new residence, she has a non-marital interest in the new residence equal *476 to the proportion her interest in the first residence bore to the purchase price of the second residence, multiplied by the value of the second residence at the date of separation.

The formula in Schmitz need not be strictly applied. See Schmitz, 309 N.W.2d at 750. It is sufficient that the trial court arrive at a figure which is close to the figure it would have arrived at had it used the Schmitz formula. Montgomery v. Montgomery, 358 N.W.2d 169, 172 (Minn.Ct.App.1984).

The supreme court has also held that improvements made during a marriage to land purchased before the marriage are to be considered marital property. Faus v. Faus, 319 N.W.2d 408, 412 (Minn.1982); see also Wilson v. Wilson, 348 N.W.2d 357, 359 (Minn.Ct.App.1984).

3.

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Cite This Page — Counsel Stack

Bluebook (online)
374 N.W.2d 473, 1985 Minn. App. LEXIS 4522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-charlson-v-charlson-minnctapp-1985.