Marriage of Wiegers v. Wiegers

467 N.W.2d 342, 1991 Minn. App. LEXIS 242, 1991 WL 34641
CourtCourt of Appeals of Minnesota
DecidedMarch 19, 1991
DocketCX-90-1772
StatusPublished
Cited by8 cases

This text of 467 N.W.2d 342 (Marriage of Wiegers v. Wiegers) 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 Wiegers v. Wiegers, 467 N.W.2d 342, 1991 Minn. App. LEXIS 242, 1991 WL 34641 (Mich. Ct. App. 1991).

Opinion

OPINION

RANDALL, Judge.

This is an appeal from May 30, 1990, findings of fact, conclusions of law, order for judgment, and judgment and decree of dissolution. Appellant challenges the trial court’s classification of certain assets as nonmarital and the distribution of the parties’ property.

FACTS

Appellant Mae Wiegers and respondent Henry Wiegers were married on November 23, 1968. For each, this was a second marriage. No children were born as a result of the marriage. At the time of the dissolution, appellant was 71 years old and respondent was 80.

Respondent has Alzheimer’s disease. He lives in a closed ward of a nursing home. He is mentally incompetent and did- not testify at the dissolution hearing.

Appellant had a heart attack in December 1987. After her recovery, she resumed living with respondent. In August 1988, she returned to a hospital. She now lives in an apartment where nursing care and meals are available.

The major legal issue on appeal is whether the trial court erred in classifying bank accounts (primarily certificates of deposit) as both marital and nonmarital property.

The focus of the trial was to trace the present accounts to their original source. The sources include each party’s social security benefits, interest on bank accounts, respondent’s earnings from employment, proceeds from the sale of premarital farm equipment, proceeds from the sale of livestock acquired or raised both before and after the parties’ marriage, and income from respondent’s rented 1 farm.

ISSUES

1. Did the trial court err by concluding certain certificates of deposit and passbook savings accounts, including accrued interest, were respondent’s nonmarital property?

2. Did the trial court err by concluding appellant changed names on some of the bank accounts?

3. Did the trial court err by not awarding appellant a portion of respondent’s non-marital property pursuant to Minn.Stat. § 518.58, subd. 2?

4. Did the trial court err by not apportioning the proceeds from the sale of respondent’s residence between marital and nonmarital interests?

ANALYSIS

I.

Marital property

“Marital property” is property acquired by either party during their marriage. Minn.Stat. § 518.54, subd. 5 (1988). All property acquired by either party during the marriage is presumed to be marital property, regardless of how title is held. Id. The presumption of marital property is overcome by showing that the property is nonmarital. Id.

“Nonmarital property” means property real or personal, acquired by either spouse, before, during, or after the existence of their marriage, 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), (b), (d), and (e);
*344 (d) is acquired by a spouse after the valuation date; or
(e) is excluded by a valid antenuptial contract.

Id.

Whether property is marital or nonmarital is a question of law upon which appellate courts exercise independent judgment. Johnson v. Johnson, 388 N.W.2d 47, 48-49 (Minn.App.1986). A spouse claiming that property is nonmarital must prove the necessary underlying facts by a preponderance of the evidence. Id., 388 N.W.2d at 49.

When nonmarital and marital property are commingled, the nonmarital investment may lose that character unless it can be readily traced. Id., 388 N.W.2d at 50. “The party seeking the nonmarital classification must show by a preponderance of the evidence that the asset was ‘acquired in exchange for nonmarital property.’” Pearson v. Pearson, 363 N.W.2d 337, 339 (Minn.App.1985) (citation omitted).

While the appreciation in value of a nonmarital asset is nonmarital, see Minn. Stat. § 518.54, subd. 5(c), income from a nonmarital asset is a marital asset. Swick v. Swick, 467 N.W.2d 328 (Minn.App.1991); Linderman v. Linderman, 364 N.W.2d 872, 876-77 (Minn.App.1985). This includes both farm rental income (Linderman, 364 N.W.2d at 877) and investment income. See also Swick, 467 N.W.2d at 331-32 (interest earned on nonmarital certificate of deposit is marital property); Moore v. Moore, 391 N.W.2d 42, 44 (Minn.App.1986) (royalties and dividends paid on nonmarital stocks are marital).

The trial court made two errors when it classified the bank accounts as marital and nonmarital property: (1) it did not distinguish between farm income and proceeds from the sale of nonmarital farm assets and (2) it did not distinguish between nonmarital certificates of deposit and the interest income earned by them, which is marital.

The trial court’s approach is illustrated by a statement contained in its findings of fact:

The following Certificates were originally purchased with funds derived from income from the sale of milk, livestock and machinery. [Respondent] commenced these investments prior to his marriage to [appellant] with the intent that the assets would eventually be received by his children. [Respondent] continued to invest pursuant to this custom and habit subsequent to his marriage to [appellant].

The trial court concluded all certificates, including accrued interest, whether accrued before marriage or after, were nonmarital. The trial court believed interest income from the farm earned during marriage was nonmarital either because the farm itself was nonmarital or because, before the marriage, respondent established the “custom and habit” of saving for his children. Neither is persuasive. Income, even from a nonmarital farm, is marital property if accrued during marriage. Custom and habit of saving for children, even if formed before marriage, does not exempt nonmarital income from becoming marital property.

There are 11 certificates of deposit listed in the findings of fact. Certificate No. 7258 is an example. The trial court described the history of Certificate 7258 as follows:

CERTIFICATE NO. 7258. This Certificate in the amount of $4,338.58 was also purchased by [respondent] prior to the marriage on May 11, 1966. It originally was in the name of [respondent] jointly with Gloria Rygh.

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Bluebook (online)
467 N.W.2d 342, 1991 Minn. App. LEXIS 242, 1991 WL 34641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-wiegers-v-wiegers-minnctapp-1991.