Marriage of Kenville v. Kenville

385 N.W.2d 398, 1986 Minn. App. LEXIS 4253
CourtCourt of Appeals of Minnesota
DecidedApril 22, 1986
DocketC5-85-1955
StatusPublished
Cited by4 cases

This text of 385 N.W.2d 398 (Marriage of Kenville v. Kenville) 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 Kenville v. Kenville, 385 N.W.2d 398, 1986 Minn. App. LEXIS 4253 (Mich. Ct. App. 1986).

Opinion

OPINION

WOZNIAK, Judge.

In this dissolution action, Thomas Ken-ville appeals the trial court’s award of maintenance and its valuation and distribution of property and debts. We affirm.

FACTS

The parties were married in 1963 in Grand Forks, North Dakota. Two children were born of the marriage. The parties acquired a homé in Thief River Falls, Minnesota, in 1974. The trial court found that the market value of the home was $120,-000.

In 1971, after his tour of active duty in the United States Air Force, appellant entered the automobile business while working in a GM dealership in Grand Forks. He eventually purchased his own GM dealership in Thief River Falls. This dealership was subsequently sold when appellant entered into a partnership operating another GM dealership in Grand Forks. This dealership failed and its assets were sold. Appellant returned to military service as a part-time pilot with the North Dakota Air National Guard, in which he currently holds the rank of Lieutenant Colonel. The trial court found that appellant’s adjusted gross income in 1984 was $88,000, which included income from the Air National Guard in the amount of $38,769.28.

Respondent has primarily been a homemaker throughout the marriage; within the last ten years, however, she has also been active in the management of Thomas Leasing, Inc., a corporation formed by the parties in 1976.

In 1976 the parties formed an automobile leasing and rental business, Thomas Leasing, in Thief River Falls. The evidence indicates that this business has been beset by financial problems. Appellant originally owned all the stock in Thomas Leasing. In 1982 he transferred all of it to his wife. He admits that he did so in order to avoid his creditors. In 1984, respondent in turn transferred the stock to her mother. She testified that she did so in satisfaction of a loan of $8,000 which she had borrowed from her parents in order to keep Thomas Leasing afloat.

Appellant is one of four partners who purchased 57 acres of undeveloped land west of Thief River Falls for investment purposes. Appellant has a 25% interest in the partnership. The value of this interest is disputed by the parties; the trial court found its reasonable market value to be $13,000.

The trial court ordered appellant to pay $1,500 per month in maintenance and awarded the parties’ homestead to respondent, subject to all encumbrances. The court valued and divided various other property and debts between the parties, and awarded respondent a lien against all property awarded to appellant for the maintenance and child support arrearages he owed. As evaluated by the trial court, net assets less debts awarded to the respondent totaled $30,427; net assets less debts awarded to the appellant totaled $28,-929. Judgment was entered against appellant for $3,000 in arrearages in temporary *400 maintenance and support; judgment for another $5,700 arrearages had previously been entered against appellant.

In its memorandum of law denying appellant’s post-trial motions, the trial court stated:

At the outset of this memorandum [the] Court would like to note that this has been a particularly prolonged, bitter dissolution, marked with repeated motions and hearings preliminary to the actual trial. By the time the ease was reached for trial, [appellant] had only paid [respondent] the sum of $300 support and the Court previously had found [appellant] in contempt of court for failure to make payment to [respondent] and support of his minor daughter. [Appellant] at the time of trial admitted that he had failed to make payment as ordered by the Court and gave as his reason the fact that he didn’t have any confidence in his wife’s ability to manage money. In reply his wife testified that the [appellant] had bragged on more than one occasion that he was never going to pay her one dime and would see to it that she never got anything. [Appellant’s] business and investment failures are protracted, complicated and indicate at least some lack of business judgment on the part of [appellant]. Further, [appellant’s] disclosures herein and his testimony lacked certain credibility, his open defiance of the Court orders does not entitle [appellant] to any particular sympathy by the Court. [Appellant’s] affidavits and his testimony are inconsistent and oftentimes contradictory causing a great deal of difficulty for the Court to know exactly what [appellant’s] assets are and the values thereof.

Our review of the' trial transcript fully supports these conclusions by the trial court.

ISSUES

1.Did the trial court abuse its discretion in its award of maintenance to the respondent?

2. Did the trial court abuse its discretion in not including the stock of Thomas Leasing, Inc. as a marital asset?

3. Was the trial court’s valuation of the parties’ property clearly erroneous?

4. Did the trial court abuse its discretion in its division of the parties’ property?

ANALYSIS

1. It is axiomatic that in dissolution cases the trial court is accorded a broad discretion with respect to the award of maintenance and division of property. In Bollenbach v. Bollenbach, 285 Minn. 418, 175 N.W.2d 148 (1970), the supreme court stated:

This court, when called upon to review the exercise of trial court discretion in a case such as this, will and must affirm the decision of the trial court if it has an acceptable basis in fact and principle even though we might have reached a different disposition of the problem.

Id. at 426-27, 175 N.W.2d at 154 (emphasis added) (footnote omitted). The supreme court recently reaffirmed the Bollenbach rule in Rohling v. Rohling, 379 N.W.2d 519 (Minn.1986).

The trial court awarded respondent maintenance in the amount of $1,500 per month for a period of five years. Bollenbach dictates that we must affirm this award if it has “an acceptable basis in fact and principle.”

Although the respondent has been somewhat active in various family-owned businesses, particularly Thomas Leasing, she has worked primarily as a homemaker during the 22-year history of this marriage. She graduated from the University of North Dakota with a degree in home economics, but never became certified to teach that subject. The trial court found that she is presently receiving no salary from Thomas Leasing, although she expects to receive $1,000 to $1,500 per month for her services. She suffers from a partial disability of her back, and testified that she was able to do only a limited amount of work at Thomas Leasing.

*401 The evidence indicates that during the marriage the parties enjoyed a comfortable standard of living. They extensively renovated their home in about 1979, and built an outdoor swimming pool. They always had a new car, had a cleaning person, did a lot of entertaining, and went on numerous trips.

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Related

Marriage of Varner v. Varner
400 N.W.2d 117 (Court of Appeals of Minnesota, 1987)
Garvey v. Garvey
390 N.W.2d 33 (Court of Appeals of Minnesota, 1986)
Marriage of Carlson v. Carlson
390 N.W.2d 780 (Court of Appeals of Minnesota, 1986)
Marriage of Krogstad v. Krogstad
388 N.W.2d 376 (Court of Appeals of Minnesota, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
385 N.W.2d 398, 1986 Minn. App. LEXIS 4253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-kenville-v-kenville-minnctapp-1986.