Marriage of Scott v. Scott

803 P.2d 620, 246 Mont. 10, 247 Mont. 37, 47 State Rptr. 2237, 1990 Mont. LEXIS 398
CourtMontana Supreme Court
DecidedDecember 12, 1990
DocketNo. 89-434
StatusPublished
Cited by6 cases

This text of 803 P.2d 620 (Marriage of Scott v. Scott) 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 Scott v. Scott, 803 P.2d 620, 246 Mont. 10, 247 Mont. 37, 47 State Rptr. 2237, 1990 Mont. LEXIS 398 (Mo. 1990).

Opinion

JUSTICE SHEEHY

delivered the Opinion of the Court.

Charlotte Loy Scott appeals the dissolution proceeding in the District Court of the Second Judicial District, Silver Bow County. We reverse and remand.

The parties raise the following issues on appeal:

1. Whether the District Court erred in not ordering the sale of the family residence?

2. Whether the District Court erred in receiving the inventory and appraisement of the Elmer L. Mayhew Estate?

3. Whether the District Court erred in valuing Charlotte’s equity in her 1976 Cadillac?

4. Whether the District Court erred in equitably distributing the marital estate?

5. Whether the District Court failed to take into account Edgar’s vested benefits raider the company pension plan?

6. Whether Edgar failed to disclose all of his Westinghouse savings plan?

7. Whether the District Court failed to account for funds which Edgar applied to marital obligations?

8. Whether the District Court erred in valuing Charlotte’s equity in the family home at $39,500?

9. Whether the District Court erred in denying Charlotte maintenance?

Charlotte and Edgar were married in Malta, Montana, on June 14, 1964. Twenty-four years later, on August 22, 1988, Edgar filed a petition for dissolution with the District Court. The couple have four [13]*13children. At the time of the hearing, however, only Rhonda, was under the age of 18, and thus the issues of child support and custody only concern Rhonda.

Charlotte has a high school education, and has been a housewife during all of the parties’ 25-year marriage. Charlotte possesses no real job skills, and would require extensive job training to compete in the current job market. To compound Charlotte’s economic woes, she suffers from chronic alcoholism.

The District Court found that Charlotte has admitted “to receiving a devise from her father, Elmer Mayhem’s Estate in the amount of $42,000, of which she has spent approximately $34,000 for her living expenses since their separation, which were not reimbursed by petitioner and has assigned to her sister an addition sum of approximately $66,420 from her father’s estate.” Furthermore, the District Court explained that Charlotte “may be entitled to approximately $400 per month from promissory notes due and owing in her father’s estate.”

Edgar has a college education, and earns approximately $50,974 a year plus bonuses as an engineer for Westinghouse. He supports Rhonda without financial assistance from his wife. His job with Westinghouse provides him with full benefits, life insurance and a pension. The parties dispute the value of the pension. Charlotte contends the pension plan has a present value of $51,000 that will pay Edgar about $1,400 per month at retirement if he quit working today. Edgar values his pension plan at $18,214. The District Court agreed with Edgar.

The District Court found the parties acquired the following real property:

Family residence, Butte, Mt (FMV) $140,000.00
Mortgage Balance due 61,000.00
Equity $ 79,000.00
Condominium, Phoenix, Az (FMV) $ 47,000.00
Mortgage Balance Due 21,858.00
Equity 25,142.00

[14]*14The District Court awarded the possession and use of the family residence in Butte to Edgar, until Rhonda reached the age of majority, or is otherwise emancipated. At that time the court ordered the residence sold and half of the equity in the family home, as of the date of the decree, turned over to Charlotte. The District Court awarded the Phoenix condominium solely to Charlotte. The District Court suggested that Charlotte sell the condominium to aid in her maintenance.

Next, the District Court found the parties acquired the following personal property during their marriage:

Cash in American Federal Savings $12,800
Petitioner’s Westinghouse Retirement 18,214
Petitioner’s Westinghouse Savings Plan 14,828
Kemper Funds IRA’s 14,230
Stocks 11,084
Household furnishings 8,240
1976 Cadillac 1,500
1956 Austin Healey 500
TOTAL $81,396

The District Court also found the parties incurred the following debts during their marriage:

VISA $ 2,415
J.C. Penney 368
Dr. Silva - Dentist 341
Dr. Milanovich - Orthodontist 1,795
Dr. Charles - Eye Specialist 345
University Phyicians - Eye Specialist 3,016
University Hospital 176
First Citizens Bank - Loan 2,900
State of Montana Hospital 1,994
Highland View 898
[15]*15A-l Ambulance 239
Rocky Mtn. Plastic Surgery 7,026
Butte Pathology 195
OB GYN 868
TOTAL $22,576

The District Court applied the parties’ cash on deposit in the American Federal Savings and Loan Association in the amount of $12,800, and $4,000 of the parties’ Westinghouse stock to the above debts, leaving a balance due of $5,776. The court ordered Edgar responsible for the remaining $5,776.

Based on the above figures the District Court found the net value of the marital estate was $168,738. The District Court then distributed the marital estate as follows:

Petitioner ÍEdgar)

Kemper IRA $ 7,115
Petitioner’s Westinghouse Retirement 18,214
Home Equity - family residence 39,500
Peitioner’s Westinghouse Savings 14,828
Household Furnishings 4,212
1956 Austin Healy 500
TOTAL $84,369
Respondent ('Charlotte)
Kemper IRA $ 7 ,115
Condomium in Phoenix 25,142
1976 Cadillac 1,500
Stocks 7,084
Household Furnishings 4,028
Home Equity - Family 39,500
TOTAL $84,369

[16]*16Charlotte testified that she needed maintenance in the amount of $500 per month. The District Court determined that Charlotte was not in need of maintenance in addition to her share of the marital estate.

The District Court awarded custody of Rhonda to Edgar, and granted Charlotte liberal vitiation rights. The court did not hold Charlotte responsible for any child support obligations while Rhonda is in the care and custody of her father.

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Related

In Re the Marriage of Howard
2008 MT 351 (Montana Supreme Court, 2008)
Marriage of Dunn
Montana Supreme Court, 1997
In Re the Marriage of Dowd
862 P.2d 1123 (Montana Supreme Court, 1993)
In Re the Marriage of McLean
849 P.2d 1012 (Montana Supreme Court, 1993)
Scott v. Scott
803 P.2d 620 (Montana Supreme Court, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
803 P.2d 620, 246 Mont. 10, 247 Mont. 37, 47 State Rptr. 2237, 1990 Mont. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-scott-v-scott-mont-1990.