Marriage of Johnson v. Johnson

372 N.W.2d 832, 1985 Minn. App. LEXIS 4888
Court of Appeals of Minnesota·Decided August 20, 1985·No. C9-85-95·Published·Cited by 1 cases

Opinion

OPINION

FORSBERG, Judge.

This is an appeal from a supplemental judgment relating to maintenance and property issues in a bifurcated dissolution proceeding. This court affirmed the judgment on the custody and temporary support and maintenance issues. Johnson v. Johnson, 363 N.W.2d 355 (Minn.Ct.App.1985). Appellant challenges the trial court’s valuation of marital property, award of maintenance, and failure to divide non-marital property. We affirm.

FACTS

Appellant Natalie and respondent Carl Peter Johnson were married on March 11, 1978, and have two children. Carl is a pilot for Northwest Airlines, earning approximately $10,000 gross income per month. Natalie was employed as a ticket agent at Northwest for thirteen years before the birth of her first child. She then quit to care for the child. Northwest has a no-rehire policy preventing Natalie from resuming that employment.

Prior to the marriage, Carl had acquired 3 lots and an adjacent hayfield in Chisago County, and built a small house. He bought Lots 9 and 10, on which the homestead was later built, in 1969, and Lot 8 in 1974. The total purchase price was $16,-200. The hayfield was bought in 1976 for $8,000 in order to protect the area from possible development. It was not included in the valuation of the homestead.

Carl built a small house on the property, largely with his own labor. The materials cost him $20,548. This work was completed before the parties were married. Carl testified that he had taken out a loan for construction before the marriage. The trial court estimated a pre-marital loan of $15,000 and deducted this amount from the non-marital interest.

Following the marriage, the house was greatly expanded. Again, Carl did much of the labor. He took out construction loans totaling $117,000. These were consolidated into a mortgage loan of $135,000 in March, 1983. Natalie did not sign the mortgage note, but did sign the deed at the insistence of the bank. At the time of trial, the mortgage balance was $134,400. The trial court found Carl’s non-marital interest to be the principal amount of the loan, $135,-000, plus the net pre-marital contribution of land and materials less the pre-marital loan, or $21,798, for a total of $156,798.

Natalie presented the appraisal report of Eldon Robey, a local appraiser who valued the house at $225,000 using comparable sales figures and $250,000 following the cost approach. An appraisal of a local realtor retained earlier by Natalie, how *834 ever, estimated the value at $178,000. Ro-bey admitted that there had been no sales of property in the immediate area exceeding $150,000. Carl testified that he had no idea of the value of the house, and no intention of selling it.

The trial court found a value of $178,000 based on the market value approach and the realtor’s appraisal. The total marital interest was found to be the difference between this market value and the non-marital interest, or $21,202.

Carl owned interests in various limited partnerships, tax shelters purchased mainly before the marriage, but entirely, he testified, from funds in a Dean Witter account which he had before the marriage. There was no valuation of these interests, which were all found to be non-marital property.

Carl also owned real estate, bought 5 years before the marriage but paid off 9 months after the marriage, which the court found to be non-marital property. The parties stipulated that the marital interest in Carl’s pension would be determined according to the formula in Taylor v. Taylor, 329 N.W.2d 795 (Minn.1983), with payment deferred until receipt of the pension benefits.

The trial court, in its earlier order, directed payment to Natalie for permanent spousal maintenance and child support of $800 per month, to increase to $1000 per month. Although custody was given to Carl, Natalie has visitation for 4 days per week, including the weekends. At trial here, the court added a maintenance provision that Carl pay Natalie’s costs of education or retraining for 2 years. Natalie, who was 37 at the time of trial and had no post-secondary education, testified to her desire to attend college and enter the field of education. Carl’s expert witness, an employment and rehabilitation counselor, testified that although she has college potential, her employment prospects in education are questionable.

ISSUES

1.Did the trial court abuse its discretion in its valuation of the marital interest in the homestead?

2. Did the trial court err in finding certain tax shelter investments to bé non-marital assets?

3. Was the court’s failure to find unfair hardship and to divide non-marital property an abuse of discretion?

4. Was the award of tuition costs as maintenance for only two years an abuse of discretion?

ANALYSIS

I.

It is undisputed that all of the land, and the original home, were non-marital contributions by Carl. The trial court included an adjacent lot and excluded the 8-acre hayfield in calculating the marital interest in the homestead. The court added the purchase prices of the three parcels and the costs of building the original home and the addition. The latter was essentially the cost of materials, since Carl testified that he did much of the work himself. Natalie testified that she did contribute considerable time to the construction of the new addition. The court counted the costs of the new addition as non-marital.

“Non-marital property” is defined in part as property which is “the increase in value of property which is [acquired before the marriage].” Minn.Stat. § 518.54, subd. 5(c) (1984). The supreme court has developed the following formula for apportioning marital and non-marital interests in property:

The present value of a nonmarital asset used in the acquisition of marital property is the proportion the net equity or contribution at the time of acquisition bore to the value of the property at the time of purchase multiplied by the value of the property at the time of separation. The remainder of equity increase is characterized as marital property and is distributed according to Minn.Stat. § 518.58 (1980).

Brown v. Brown, 316 N.W.2d 552, 553 (Minn.1982).

*835 The supreme court has held that sums expended for improvements are attributable to the parties’ joint efforts and constitute marital property. Fans v. Fans, 319 N.W.2d 408, 412 (Minn.1982). The parties here borrowed the money to pay the costs of materials and outside labor. Since Carl alone was obligated on the mortgage note to repay this sum, he satisfied the burden of proving that this addition was non-marital property. See Van de Loo v. Van de Loo, 346 N.W.2d 173

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Marriage of Johnson v. Johnson, 372 N.W.2d 832, 1985 Minn. App. LEXIS 4888 (Mich. Ct. App. 1985).

372 N.W.2d 832 (Marriage of Johnson v. Johnson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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