Marriage of Montgomery v. Montgomery

358 N.W.2d 169, 1984 Minn. App. LEXIS 3813
CourtCourt of Appeals of Minnesota
DecidedNovember 20, 1984
DocketC7-84-585
StatusPublished
Cited by14 cases

This text of 358 N.W.2d 169 (Marriage of Montgomery v. Montgomery) 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 Montgomery v. Montgomery, 358 N.W.2d 169, 1984 Minn. App. LEXIS 3813 (Mich. Ct. App. 1984).

Opinions

OPINION

CRIPPEN, Judge.

The husband appeals from a dissolution judgment and decree, contending that the trial court erred in its division of real and personal property and its denial of maintenance and attorney fees. Respondent appeals from the trial court’s award to appellant of one-half of the value of her pension increase during her marriage. We affirm.

FACTS

Linda Montgomery and Paul Montgomery were married on November 18, 1977; no children were born of their marriage, although both have children from their previous marriages. After the marriage, the parties moved into a home which Linda Montgomery had purchased prior to the marriage. Late in 1979, she transferred title to the home into joint tenancy with appellant; neither party considered this transfer a gift to him. The parties took out a $4,000 home improvement loan and the appellant contributed labor towards remodeling the home.

During the marriage, both parties were employed. Respondent has a master’s degree in library science, and, at the time of trial, was employed as a librarian earning an annual gross income of approximately $37,000. The parties stipulated that her vested, unmatured pension increased $18,-581 during the marriage.

Appellant has a high school education. At the time of the trial, he was employed at a job in which he earned $26,400. In 1979, he received an offer to work in Connecticut at an annual salary of $30,000. After discussing the matter with respondent, who did not have a job offer in Connecticut and who did not wish to relocate, he declined the offer and remained in Minnesota.

These proceedings were commenced in July 1981, and the matter was tried in January 1983. In July 1983, the trial court determined the equity in the home was worth nearly $64,000, and awarded it to respondent subject to a lien of $5,000.00 payable to the appellant. The lien was to compensate appellant for the increase in the value of the property which the court found was attributable to appellant’s labor on the home. Respondent was awarded her non-marital investments with a value of more than $20,000, and the trial court made other valuations and awards of automobiles and other personal property of the parties. Neither party was awarded maintenance or attorney fees.

In September 1983, the trial court heard appellant’s request for amended findings and conclusions. Six months later, the court amended its prior order to create a lien of $14,920.50 for appellant on the home awarded to respondent. The remaining $9,290.50 of the lien was attributable to appellant’s award of a one-half share of respondent’s vested, unmatured pension.

ISSUES

1. Did respondent’s transfer of title in the parties’ home from herself individually to joint tenancy with respondent transmute her non-marital interest in the home into a marital interest?

2. If not, did the trial court properly determine the marital and non-marital portions of the home and make awards accordingly?

3. Is appellant entitled to maintenance or equitable compensation because he declined a more lucrative out-of-state employment offer when his wife did not have a position in Connecticut and did not wish to relocate there?

[172]*1724. Did the trial court properly determine the marital and non-marital character and market value of various items of personal property and properly award the same?

5. Did the trial court properly award appellant one-half of the amount of respondent’s pension increase during the parties’ marriage?

6. Did the trial court properly decline to award appellant his attorney fees?

ANALYSIS

1. Marital property is property acquired during the existence of a marriage; such property is presumed to be marital property regardless of whether title is held individually or in some form of co-ownership. Minn.Stat. § 518.54, subd. 5 (1982). The presumption can be overcome by a showing that the property is non-marital. Id. Minn.Stat. § 518.54, subd. 5 (1982) provides in relevant part:

“Non-marital property” means property real or personal, acquired by either spouse before, during, or after the existence of their marriage, which
# ⅜ sfc * * sjs
(b) is acquired before the marriage.

Respondent acquired the home, subject to a mortgage, prior to her marriage, and thus has a non-marital interest in the property.

Appellant contends that respondent’s non-marital interest in the home was transmuted into a marital interest, and that he is entitled to an award of at least one-half of the equity in the home. He relies mainly on the evidence of respondent’s transfer of title from individual ownership to joint tenancy. This occurred after two years of marriage and less than two years before dissolution proceedings commenced.

However, just as the statute provides that the state of the title will not determine whether property acquired during the marriage is marital or non-marital property, merely transferring title from individual ownership to joint tenancy does not transform non-marital property into marital property. We are not called upon here to determine whether additional factors of long-term marriage or transfers by gift might compel a different result. We hold, simply, that the form of ownership is not dispositive of the property’s marital or non-marital nature.

The legislature has provided definitions of marital and non-marital property, and has used those definitions as a basis for dividing property in a dissolution. Minn.Stat. § 518.54, subd. 5; Minn.Stat. § 518.58. Allowing the changes in title to transform the classification of property would defeat the legislature’s scheme for division. The transfer of title of respondent’s home, which was purchased prior to marriage and was not marital property, does not transmute the property from non-marital to marital property.

2. Appellant argues, in the alternative, that the trial court erred in its disposition of the homestead because it did not use the formula in Schmitz v. Schmitz, 309 N.W.2d 748 (Minn.1981) for determining and dividing the marital and non-marital interests in the home. While the trial court may have used an incorrect method to determine division of those interests, it nonetheless arrived at a figure which is close to the figure it would have arrived at had it used the Schmitz formula.

Given this minimal discrepancy in an area of law committed in large part to the discretion of the trial court we are not persuaded that any reversible error occurred.

Id. at 750. Consequently, we affirm the trial court’s determination and division of the marital and non-marital interests in the homestead.

3. Appellant also argues that he should receive maintenance or other compensation for relinquishing a more lucrative employment opportunity in Connecticut because respondent did not have a position in Connecticut and did not wish to relocate. He claims that he is entitled to $21,120 as compensation for his lost opportunity, calculated by the loss of income for four years which he suffered by not accepting the [173]*173offer. In Minnesota, parties are entitled to an award of maintenance when the spouse seeking maintenance:

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Marriage of Montgomery v. Montgomery
358 N.W.2d 169 (Court of Appeals of Minnesota, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
358 N.W.2d 169, 1984 Minn. App. LEXIS 3813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-montgomery-v-montgomery-minnctapp-1984.