Marriage of Parenteau v. Parenteau

664 P.2d 900, 204 Mont. 239, 1983 Mont. LEXIS 714
CourtMontana Supreme Court
DecidedMay 31, 1983
Docket82-437
StatusPublished
Cited by7 cases

This text of 664 P.2d 900 (Marriage of Parenteau v. Parenteau) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Parenteau v. Parenteau, 664 P.2d 900, 204 Mont. 239, 1983 Mont. LEXIS 714 (Mo. 1983).

Opinions

MR. JUSTICE WEBER

delivered the opinion of the [241]*241Court.

Mitchel Parenteau (respondent) appeals from the division of marital property by the Thirteenth Judicial District Court, Yellowstone County, in its order granting Louise Parenteau’s (petitioner’s) petition for dissolution of the parties’ second marriage to each other. We affirm the District Court, but remand for modification of the judgment.

Respondent raises the following issues for review:

1. Whether it was an abuse of discretion for the District Court to adopt verbatim the findings of fact and conclusions of law of petitioner.

2. Whether the award by the District Court to petitioner of the entire equity in the marital home is supported by the facts at trial and the applicable law.

3. Whether the valuation of personal property awarded to the respondent is supported by the evidence.

4. Whether the respondent is entitled to reimbursement of his contribution during the second marriage to pay off a certain loan taken by petitioner to pay his equity in the marital home from the first divorce of the parties.

5. Failure of the District Court to find and award property divided before trial by stipulation of the parties.

The parties were first married in 1959 and divorced in 1976; they remarried each other in 1978 and divorced in 1982. There were no children of either marriage. The family home comprised the bulk of marital assets in 1976 and in 1982.

In the 1976 dissolution, the court determined that the marital assets should be equally divided. Respondent was awarded savings and miscellaneous sports equipment, tools, vehicles, basement furniture, and an organ, much of which he brought into his remarriage to petitioner. Petitioner was awarded household goods and furnishings, a vehicle, a stereo and records, in addition to the family home. She brought many of these assets to her remarriage to respondent. Under the provisions of the 1976 decree, petitioner was required to pay respondent $9,950 (one-half the differ[242]*242ence in value of assets awarded) in order to obtain ownership of the home. In 1976, she mortgaged the home, and took out an $11,000 loan from the Yellowstone Bank in Laurel. She then paid respondent $9,950, obtaining in return a quitclaim of his interest in the home. In 1978, petitioner still owed the bank $9,268.

In 1978, petitioner took out a $20,000 real estate loan from the Yellowstone Bank. Of this amount, $9,268 went to pay off the 1976 loan, and $10,700 was loaned to respondent for payment of a property settlement in his divorce from another woman. In October of 1978, $10,936 from respondent’s sale of certain property in Laurel was applied to the $20,000 real estate loan in satisfaction of petitioner’s $10,700 loan to him.

Shortly after they remarried, the parties legally established joint ownership of their checking account, the house in Laurel previously in petitioner’s name, and a two-and-one-half acre parcel with several buildings on it, in the Swan Valley, known as “the Condon property,” previously in respondent’s name. The parties disagree as to their purpose in creating joint ownership in the real property. According to petitioner, it was a matter of convenience; according to respondent, they intended that each should have a 50% interest in both properties. During the marriage, respondent made some improvements on the Laurel home, painting and installing new appliances and carpeting; costs for this work came from the parties’ joint checking account. For a time the Parenteaus planned to sell the Laurel home and move to the Condon property. With this in mind, they borrowed $22,000 from the bank in May of 1979, paid off the $6,989 owing on the $20,000 real estate loan, and applied the remaining $15,011 to remodeling buildings on the Condon property and upgrading that property. Certain of the costs were paid from the joint checking account.

In October of 1980, after the Parenteaus decided to remain in the Laurel home, they sold their Condon property for $19,550. Respondent claims that the property, which [243]*243was debt-free, had been appraised at $40,000 a few years earlier. (The Parenteaus recognized the loss on their joint tax return.) $9,427 from the sale of the Condon property was applied to the $22,000 bank loan made in 1979; the remainder was spent on a trip to Australia, a vehicle subsequently awarded to the husband, and various expenses paid from the joint checking account.

During the marriage, all income and virtually all expenditures, including loan payments, passed through the Parenteaus’ joint checking account. Respondent’s monthly retirement income of $894.82 (plus $419.25 for petitioner) and petitioner’s monthly retirement income amounting to $969.73 (plus $350.05 for respondent) after petitioner’s retirement in 1980, were deposited in the joint checking account.

In 1982, the parties were again divorced. Trial was held June 1, 1982. At that time, the balance owing on the 1979 real estate loan for $22,000, was about $5,000. Findings of fact and conclusions of law were entered September 10, 1982; judgment was entered September 13, 1982.

The District Court found the marital assets amounted to $83,000.00, and divided them as follows:

“TO THE WIFE:
Assets:
“House $57,500.00
1976 Buick 2,175.00
Lowry Organ 2,000.00
Piano 1,000.00
Stereo 200.00
New television 500.00
Miscellaneous household furniture and household goods 1,900.00
Record collection 350.00
[Microwave oven] [150.00]
Collection of National Geographic magazines and antiques received from wife’s parents No Value
Total Assets $66,275.00
Liabilities: Yellowstone Bank, mortgage on home $ 5,000.00
Net worth of wife $61,275.00
[244]*244TO THE HUSBAND:
1980 Chevrolet pickup $5,650.00
Colorado pickup camper 1,200.00
17 Ft. Larson inboard/outboard boat, trailer and 120 hp Mercury motor 1,500.00
Miscellaneous boating equipment consisting of depth finder, skis, life jackets, fishing tackle, et cetera 500.00
Camera equipment $ 575.00
Guns 1,700.00
Miscellaneous tools, drills, grinders, lathes, saws, welders, et cetera 6,100.00
Metal detector 400.00
Basement furniture consisting of couch, chair and stove 100.00
Net worth of husband $21,725.00'

The District Court listed the total value of assets awarded petitioner as $66,275, but awarded her specific assets totaling only $66,125 in value. Because the only marital assets not awarded to either party was the microwave oven valued at $150, we assume that item was meant to be awarded to petitioner.

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Marriage of Parenteau v. Parenteau
664 P.2d 900 (Montana Supreme Court, 1983)

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Bluebook (online)
664 P.2d 900, 204 Mont. 239, 1983 Mont. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-parenteau-v-parenteau-mont-1983.