Marriage of March v. March

435 N.W.2d 569, 1989 Minn. App. LEXIS 138, 1989 WL 7754
CourtCourt of Appeals of Minnesota
DecidedFebruary 7, 1989
DocketC7-88-1468
StatusPublished
Cited by6 cases

This text of 435 N.W.2d 569 (Marriage of March v. March) 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 March v. March, 435 N.W.2d 569, 1989 Minn. App. LEXIS 138, 1989 WL 7754 (Mich. Ct. App. 1989).

Opinions

OPINION

FORSBERG, Judge.

Viola March appeals the trial court’s division of real property, the valuation of a checking account, and the denial of attorney fees. Respondent Jess March cross-appeals challenging the division of personal property. We affirm.

FACTS

Viola and Jess March married on March 12, 1942, and separated in May 1975 after almost 34 years of marriage. Viola began this dissolution action in May of 1986. At the time of trial, Viola was 63 years of age and Jess was 64 years of age; both were in poor health and unlikely to maintain gainful employment in the future.

After the separation, the parties agreed to refinance the homestead, which had no mortgage, and use the funds to purchase substitute housing. They took out a mortgage in the amount of $36,000 which amounted to 50% of the total appraised value ($72,000) of the homestead at that time. After the costs of closing the refinancing, Viola received the net sum of $32,-737. She used $15,000 of the proceeds as a downpayment on her present condominium residence in New Hope, $3100 to pay some debts, and purchased airline tickets for the parties’ children to fly home for Christmas from California. The remainder was used for her living expenses over the next ten years.

At the time Viola received the refinancing funds, the parties did not consult with an attorney, and they did not have a written agreement on the property division.

Although Jess resided in the Cedarwood Ridge homestead for a time after Viola moved to the condominium, he rented the home for a period to various individuals including family members. At the time of trial, Jess had resumed regular residence at the homestead.

The trial court found that at the time of trial the net equity in the condominium was $21,200 and awarded that to Viola. The net equity in the Cedarwood Ridge property was $47,830, which was awarded to Jess.

The trial court valued Jess’s checking account at $530.16 on the date of trial. On June 3, 1986, one month after commencement of this action, the balance of the account was $9200. In July 1986, the balance was $2479.31, a decrease of $6720.69.

After the parties separated in 1975, Jess paid Viola the sum of $190 per week until March 1987. Under a June 5, 1987, temporary order of the trial court, Jess continued to pay $190 per week, and an additional $570 for three missed payments. In addition, Viola received $309 per month in Social Security benefits.

The trial court found that Viola has been economically dependent upon Jess since the parties’ separation. She continues to be incapable of fully supporting herself, and she lacks sufficient property to provide for her reasonable needs. The trial court found Viola’s necessary monthly living expenses are approximately $1800 and her total unsecured debt is $15,261.

Jess suffers from severe medical problems including emphysema and heart problems. Jess currently receives the net sum of $729 from Social Security. The trial court found Jess’s necessary monthly expenses are approximately $1200 and his total unsecured debt is $7500.

The trial court awarded to Viola $210 as permanent spousal maintenance, the New Hope condominium, and one-half of Jess’s pension benefits amounting to approximately $850 per month. The court awarded Jess the Cedarwood Ridge homestead and the other half of the pension benefits in the amount of $850. The court made a division of personal property and ordered that each party shall be responsible for their own attorney fees.

After both parties moved for an order amending the judgment and decree, the trial court entered amended findings on June 17, 1988, which corrected an oversight to include in Jess's award the balance of [571]*571his checking account and awarded the following division of personal property:

Viola Jess

Metropolitan Life Insurance 0.00

1977 Plymouth Volare 750.00

1985 income tax refunds 1896.00

1986 income tax refunds 2632.00

Cash payment to Viola from Jess 6228.57

TOTAL $11,506.57

IRA 4356.57

Jess’s 401K 3700.00

1974 Ford 150.00

1975 Lincoln 1800.00

Honda 650 800.00

Honda 160 200.00

Trotwood Trailer 500.00

Jess’s Checking Account Balance 536.16

Less cash payment to Viola —6228.57

TOTAL $5808.16

Viola filed an appeal from the judgment and decree entered on April 18, 1988, and Jess filed a notice of review challenging the division of personal property.

ISSUES

1. Did the trial court abuse its discretion in dividing real and personal property?

2. Did the trial court err in the valuation of the checking account?

3. Did the trial court abuse its discretion by denying Viola attorney fees?

ANALYSIS

A trial court has broad discretion when dividing property, and will not be overruled if the division has a reasonable and acceptable basis in fact and principle. DuBois v. DuBois, 335 N.W.2d 503, 507 (Minn.1983). An equitable property distribution will be upheld, even though not necessarily equal. Weikle v. Weikle, 403 N.W.2d 682, 686 (Minn.Ct.App.1987), pet. for rev. denied (Minn. June 30, 1987).

1. The property division.

Under Minn.Stat. § 518.58 (1986), the trial court must “consider the contribution of each in the acquisition, preservation, depreciation or appreciation in the amount or value of the marital property.” Also, it must 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.” Id. This presumption “does not apply to the period of time when the parties no longer lived together.” Batsell v. Batsell, 410 N.W.2d 14, 17 (Minn.Ct.App.1987), pet. for rev. denied (Minn. Sept. 30, 1987). The trial court must “make a just and equitable division of the marital property of the parties.” Minn.Stat. § 518.58 (1986).

a. Real property.

Viola claims the trial court’s division of real property was an abuse of discretion. In awarding Viola the $21,200 equity in the condominium and Jess the $47,830 equity in the homestead, the trial court recognized the conclusive presumption of section 518.-58, but stated that the presumption does not apply “after the parties divided the equity and [Viola] moved from the home.” Only Jess made contributions to the homestead after the parties divided the equity: he was responsible for the mortgage, insurance, taxes and maintenance costs.

Viola contends that the agreement was invalid because it was a ten year old, oral agreement made without benefit of counsel. The trial court did not rely on the agreement between the parties as the basis for its finding to support the unequal division of the real property. The court instead relied on the factors of section 518.-58, and this was not error.

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Marriage of March v. March
435 N.W.2d 569 (Court of Appeals of Minnesota, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
435 N.W.2d 569, 1989 Minn. App. LEXIS 138, 1989 WL 7754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-march-v-march-minnctapp-1989.