Marriage of Ferguson v. Ferguson

357 N.W.2d 104, 1984 Minn. App. LEXIS 3700
CourtCourt of Appeals of Minnesota
DecidedOctober 30, 1984
DocketC3-84-793
StatusPublished
Cited by25 cases

This text of 357 N.W.2d 104 (Marriage of Ferguson v. Ferguson) 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 Ferguson v. Ferguson, 357 N.W.2d 104, 1984 Minn. App. LEXIS 3700 (Mich. Ct. App. 1984).

Opinion

OPINION

PARKER, Judge.

This is an appeal from the trial court’s order denying appellant-husband’s motion for a new trial and amending the judgment and decree dissolving his marriage to Renee Jean Ferguson. Appellant claims the trial court erred in awarding the entire homestead to the wife and in ordering appellant to pay $300 per month in child support.

ISSUES

1. Did the trial court err in valuing the marital property and in awarding the homestead exclusively to the wife?

2. Did the trial court abuse its discretion by considering appellant’s earning capacity in setting the child support award when he had recently become self-employed and his current earnings did not indicate an ability to pay the amount set?

FACTS

Renee Jean Ferguson and Stanley Dean Ferguson were married in March 1973. The names and birthdates of the three children born during the marriage are as follows: Jason Dean, born April 24, 1973; Jamie Renee, born June 7, 1976; and Jesse Lee, born June 30, 1982.

In September 1983 a decree was entered dissolving the marriage, distributing the parties’ property and awarding custody and support of the children.

The parties acquired virtually all of their real and personal property during the marriage, including a homestead, a 1979 Freightliner semi-tractor trailer (used by Stanley in his business), three automobiles and miscellaneous personal property. Stanley submitted by stipulation a real and personal property appraisal report prepared by a local professional auctioneer. Renee submitted a proposed property division in which she also attached values to the parties’ property. She used the values assigned to the personal property by Stanley’s appraiser in most instances but inserted values based on her own judgment for the remainder. She had the homestead appraised separately. At the trial Stanley agreed with most of Renee’s proposed property division.

The major valuation dispute concerned the homestead. Renee’s real estate appraiser valued the homestead at $28,500, while Stanley’s appraiser valued it at $37,-000. Since the homestead was subject to a $16,000 mortgage, it had a net value of $12,500 by Renee’s valuation and $21,000 by Stanley’s.

The trial court found that Renee’s property valuation and proposed division were fair and reasonable and ordered a division of property accordingly. Thus, Renee received exclusive ownership of the homestead, and Stanley was given the 1979 Freightliner semi-tractor trailer, both subject to their respective mortgage debts. The net value of property awarded Renee was $15,718; the net value of Stanley’s award was $13,382.30. However, Renee was also ordered to assume medical debts totalling $1,921. After subtracting this amount from the assets given Renee, the difference between awards to the parties is negligible.

Neither party was given maintenance. The parties were awarded joint legal custody of the children, while Renee received primary physical custody. Stanley was ordered to pay $300 child support for two months, increasing to $500 per month thereafter.

Both parties were employed at the time of the dissolution. Renee was employed by the Rochester Post Bulletin as a delivery person, while Stanley had been a self-employed, long-haul trucker since 1981. The parties’ 1979 through 1982 income tax returns reveal the following adjusted gross incomes, most of which was earned by Stanley:

*107 1979 $23,632
1980 $19,608
1981 $14,276
1982 $ 9,542

During the period between January 1, 1983, and August 24, 1983, Stanley reported a net income of $1,102. However, at trial Stanley stated that he thought he could afford $300 per month in child support if business improved.

After judgment was entered Stanley sought to modify the property award and support order. After two hearings the trial court issued an order reducing child support to $300 per month.

DISCUSSION

I

There is no dispute that all the property divided by the court in this dissolution proceeding was marital property as defined by Minn.Stat. § 518.54, subd. 5 (1982). Division of marital property is governed by Minn.Stat. § 518.58 (1982), which provides:

Upon a dissolution of a marriage, * * the court shall make a just and equitable division of the marital property of the parties without regard to marital misconduct, after making findings regarding the division of the property. * * * It shall be conclusively presumed that each spouse made a substantial contribution to the acquisition of income and property while they were living together as husband and wife.

The trial court has broad discretion in dividing marital property. E.g., Mentzos v. Mentzos, 353 N.W.2d 683, 684 (Minn.Ct.App.1984); Bogen v. Bogen, 261 N.W.2d 606, 609 (Minn.1977). On review, the trial court’s division cannot be set aside unless it is clearly an abuse of discretion. Taylor v. Taylor, 329 N.W.2d 795, 797 (Minn.1983).

The parties in this case proposed conflicting real and personal property valuations. Stanley argues that the trial court erred by accepting Renee’s valuations and rejecting those of his expert. He contends that the resulting award of the homestead exclusively to Renee was unfair and should be overturned.

The fact that Renee valued some of the personal property without the aid of an expert is not significant, since in Minnesota the owner of property is presumptively knowledgeable about its value. Lehman v. Hansord Pontiac Co., Inc., 246 Minn. 1, 6, 74 N.W.2d 305, 309 (1955). Moreover, while “a trial court is not bound by the opinion of any witness concerning values * * * its findings will ordinarily be sustained if within the limits of the evidence as to values.” Id. at 7, 74 N.W.2d at 310. See also Hertz v. Hertz, 304 Minn. 144, 145, 229 N.W.2d 42, 44 (1975) (the market valuation determined by the trier of fact should be sustained if it falls within the limits of credible estimates made by competent witnesses).

The parties proposed conflicting real property valuations based on opinions of their experts. Where conflicting opinions of expert witnesses have a reasonable basis in fact, the trier of fact must decide who is right, and the decision will not be overturned on appeal. See Shymanski v. Nash, 312 Minn. 304, 308, 251 N.W.2d 854, 857 (1977).

The record is clear that the valuation chosen by the trial court was reasonable in that it was based on credible estimates made by competent witnesses including Renee and her expert. Therefore, no error or abuse of discretion was shown.

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Cite This Page — Counsel Stack

Bluebook (online)
357 N.W.2d 104, 1984 Minn. App. LEXIS 3700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-ferguson-v-ferguson-minnctapp-1984.