Marriage of Ranik v. Ranik

383 N.W.2d 431, 1986 Minn. App. LEXIS 4131
CourtCourt of Appeals of Minnesota
DecidedMarch 18, 1986
DocketC2-85-1444
StatusPublished
Cited by5 cases

This text of 383 N.W.2d 431 (Marriage of Ranik v. Ranik) 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 Ranik v. Ranik, 383 N.W.2d 431, 1986 Minn. App. LEXIS 4131 (Mich. Ct. App. 1986).

Opinion

OPINION

HUSPENI, Judge.

Appellant Walter Ranik challenges the trial court’s property division in a marriage dissolution decree. We affirm.

*433 FACTS

The parties were married in 1955, and separated in 1983. Their marriage was dissolved in April 1985. At the time of trial, appellant was 62 and respondent Irene Rantala (formerly known as Irene Ranik) was 54. The two children of the marriage are both adults.

Appellant worked for a railroad throughout the marriage until his retirement in 1980. He currently receives retirement benefits of approximately $1,010 per month. Respondent was employed prior to the parties’ marriage, but after the marriage she devoted her time to maintaining a home for appellant, his mother and the parties’ children. In 1964, respondent resumed part-time employment. She began working full-time with Dayton’s in 1976 and remains so employed as a commission sales person. Her 1983 gross income was $23,000 and her 1984 gross income was slightly higher.

The parties stipulated that each could retain their respective retirement benefits and neither sought maintenance from the other.

During the course of their marriage, the parties purchased or built four residences. Prior to the parties’ marriage, appellant’s mother sold her home and the sale proceeds of approximately $9,000-$10,000 were used to help build the parties’ first home. Respondent testified at trial that the parties planned the house together. The home was built with separate living quarters for appellant’s mother, and that home was in her name.

In 1959, the first home was sold and another home was constructed. The proceeds from the sale of the first home were used to build the second one. Appellant’s mother executed a warranty deed to this property to appellant in 1963.

In 1964, the second home was sold and the proceeds were used to purchase a third home. Approximately one year later, this third home was sold and the proceeds were used to build the present homestead. The parties held title to the last two homes in joint tenancy, and joint funds and income were used to maintain and improve those two homes.

Appellant’s mother resided with the parties for approximately eighteen years. She had a stroke in 1973 and moved to a nursing home where she died in 1975. Respondent testified that she and the rest of the family took care of appellant’s mother and provided for her daily needs. Appellant testified that his mother took care of herself and lived off her pension. Appellant’s mother never paid rent to the parties and the parties never paid rent to her.

When appellant’s mother had a stroke in 1973, the parties found approximately $8,000 in her possession. Respondent testified that this money was deposited in the parties’ joint savings account at the First Bank of Robbinsdale. Appellant testified that it was deposited into a separate account that he held for his mother’s funds.

During the parties’ marriage, respondent’s mother established a joint account for herself, respondent and respondent’s sister. Respondent inherited approximately $21,000 of these funds when her mother died in 1982. Respondent always maintained a separate account for these funds and at the time of trial, the balance in this account was approximately $14,000.

After a three-day trial on the issue of property distribution, the trial court found that appellant failed to show that the homestead is his nonmarital property. The court determined that the $8,000 found in appellant’s mother’s possession in 1973 was appellant’s nonmarital property.

The trial court also determined that the funds that respondent inherited from her mother were nonmarital property. The court found that the parties maintained approximately $53,000 in joint savings accounts and certificates of deposit. After subtracting appellant’s $8,000 nonmarital interest in these funds, the court evenly divided the remaining balance of $46,000 between the parties. The court awarded respondent an automobile valued at approximately $2,000. Appellant was awarded $1,100 that the parties’ son owed him from *434 the sale of one of their automobiles. Appellant was also awarded an automobile valued at $5,900 that he bought after the parties separated, and a boat and motor valued at $1,500.

The court ordered the sale of the homestead and awarded respondent $4,960 from the sale proceeds to equalize the property-distribution. The remaining sale-proceeds were to be divided equally between the parties.

The property distribution resulted in appellant receiving property valued at approximately $27,540 and respondent receiving property valued at approximately $27,-960.

The trial court denied appellant’s motion for a new trial or, in the alternative, amended findings and conclusions.

ISSUES

Did the trial abuse its discretion:

(a) in determining that the homestead is marital property?
(b) in failing to award appellant interest on the nonmarital portion of the parties’ savings?
(c) in the way it dealt with appellant’s automobile when dividing the marital property?
(d) in failing to consider the statutory factors in Minn.Stat. § 518.58 ' (1982) when dividing the parties’ property?

ANALYSIS

I.

Appellant argues that the trial court abused its discretion in finding that the homestead is entirely marital property. He contends that he has a nonmarital interest in the homestead derived from his mother’s investment in the parties’ first home.

A trial court has broad discretion in dividing marital property upon dissolution of a marriage. Miller v. Miller, 352 N.W.2d 738, 741-42 (Minn.1984). Even though we might have taken a different approach, we will not reverse the trial court's decision absent a clear abuse of its discretion. Id. There must be a clearly erroneous conclusion that is against logic and the facts in the record before we will find that the trial court abused its discretion. Rutten v. Rutten, 347 N.W.2d 47, 50 (Minn.1984).

Marital property is property acquired during a marriage. Minn.Stat. § 518.54, subd. 5 (1982). Such property is presumed to be marital property regardless of whether title is held individually or in some form of co-ownership. Id. The presumption can be overcome by showing that the property is nonmarital. Id. Nonmari-tal property is property, in part, which:

(a) is acquired as a gift, bequest, devise or inheritance made by a third party to one but not to the other spouse;
(b) is acquired before the marriage;
(c) is acquired in exchange for or is the increase in value of property which is described in clauses (a) [and] (b) * * *.

Minn.Stat. § 518.54, subd. 5 (1982).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marriage of Prahl v. Prahl
627 N.W.2d 698 (Court of Appeals of Minnesota, 2001)
Marriage of White v. White
521 N.W.2d 874 (Court of Appeals of Minnesota, 1994)
Marriage of Dorweiler v. Dorweiler
413 N.W.2d 572 (Court of Appeals of Minnesota, 1987)
Marriage of Batsell v. Batsell
410 N.W.2d 14 (Court of Appeals of Minnesota, 1987)
Marriage of Johnson v. Johnson
388 N.W.2d 47 (Court of Appeals of Minnesota, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
383 N.W.2d 431, 1986 Minn. App. LEXIS 4131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-ranik-v-ranik-minnctapp-1986.