Moore v. Moore

499 P.2d 300, 1972 Alas. LEXIS 228
CourtAlaska Supreme Court
DecidedJuly 21, 1972
Docket1534, 1540
StatusPublished
Cited by14 cases

This text of 499 P.2d 300 (Moore v. Moore) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. Moore, 499 P.2d 300, 1972 Alas. LEXIS 228 (Ala. 1972).

Opinion

OPINION

CONNOR, Justice.

Both Sol and Lena Moore are appealing from a judgment of property division, rendered in conjunction with a decree of divorce.

I

After ten years of marriage, the Moores were granted a'divorce on the grounds of incompatibility of temperament. At the time of the divorce Lena was 48 years old and Sol was 51. No children were born of the marriage.

Lena and Sol began keeping company about two years before their marriage in April of 1960. At that time Lena was a widow with a twelve year old son. She worked at certain jobs, and earned about $650 a month. Lena describes the two years before the marriage as an informal partnership in which she and Sol pooled their resources, invested their money, and worked together in preparation for their marriage.

Sol admitted at trial that Lena worked very hard during their marriage. She was employed for eight out of the ten years of their married life. She worked for Sol in his fledgling rental car business for 5½ years, but was paid only sporadically. During the marriage Lena placed her earnings in a joint checking account. She was the family housekeeper and took care of the family accounting.

Lena left Sol without warning on April 17, 1970. She took with her certain items of personal property, $13,000 in cash and the 1970 family Chevrolet. 1 Lena reestablished herself in California and began to work there in February of 1971. She now earns between $400 and $500 a month and is in good physical health.

Sol brought more assets into the marriage than Lena. Two.of the principal assets in the property division after the divorce had at least partial roots in Sol’s premarital separate property. It is unclear when Sol acquired an interest in the lots 5, 6, -7, 8, 9 and 10 of the Smith Ranch Subdivision. It appears that lot 5 was purchased after the marriage. Two and possibly three of the remaining lots were probably acquired by Sol before his involvement with Lena. The remaining two or three lots were purchased sometime during the two years before the marriage when Lena claims they were pooling their resources and investing their money together. Approximately a year before the marriage Sol began construction of the family home on lot 6 and Lena aided him in the lighter aspects of that construction. Sol testified that he had no business arrangements with Lena before the marriage. He said that Lena was good to him at this time and he tried to reciprocate. Sol also obtained his interest in the car rental business prior to the marriage. The business was at “a low ebb” when the couple married.

Like Lena, Sol worked very hard during the course of the marriage and their assets *302 increased in value. Sol built an apartment on lot 7 and purchased lot 5. In August of 1961 Sol deeded lots 6, 7, 8, 9 and 10 to a third party who deeded them back to Sol and Lena as tenants by the entirety. Through their combined efforts the car rental business flourished. Sol sold the business .in January 1967 and the proceeds of this Lundgren-Chaffin contract is one of the chief assets in the property division.

Sol worked before and during his marriage as a heavy equipment operator and in other strenuous occupations. During the last two years of the marriage, he did not work and was unemployed at the time of trial. For the entire length of the marriage Sol suffered from venous varicosities. He asserts he is unable to work because of this ailment. But there is evidence that his physical problem is subject to treatment, and the prognosis is excellent for a fairly rapid and complete recovery.

On April 12, 1971, the court entered a memorandum decision which divided the Moores’ property fairly evenly between the parties as follows:

(1) The following property was to be set aside as the sole and absolute property of Sol:

Lots 5, 6, 7, 8, 9, 10 Block 1 Smith Ranch Sub. Fairbanks Recording District together with improvements and contents thereof -$44,607.00 ($57,100.00 less amount owing on residence $12,493.00).
Mining Claim at Circle_$ 1,500.00
RD-6 Cat Tractor_$ 750.00
Massey-Ferguson Backhoe $ 8,000.00
Cement Mixer _$ 300.00
1⅜⅛ ton Van Truck_$ 500.00
1968 Chevrolet Pickup_$ 1,725.00
Shop Equipment_$ 1,000.00
Owing from Russ Fuller $ 333.00
Amount paid by Alaska Overland _$ 1,200.00
Interest and Time CD Accounts _$ 5,125.00
Checking account_$ 900.00
IRS Refund_$ 411.00
Portion of the balance owing on the Lundgren-Chaffin contract_$13,188.00
TOTAL _$79,539.00

(2) The following property was set aside as the sole and exclusive property of Lena:

Corporate stocks and securities _$ 4,500.00
Acreage and trailer house located In the State of Washington_$23,000.00
1966 Chevrolet Pickup_$ 1,275.00
1970 Buick Sedan_$ 6,300.00
Interest and Time CD Accounts and Bonds previously taken by Lena Eliza Moore_$13,640.00
Portion of the Lundgren-Chaffin contract_$22,000.00
TOTAL _$70,715.00

Lena was additionally awarded her costs and a $600 attorney’s fee. On October 19, 1971, the decree was amended to charge the $23,368.50 Sol received under the Lundgren-Chaffin contract during the year after Lena left home on April of 1970 to his portion of the property division. This addition increased Sol’s share of the marital property to $102,907.50; Lena’s share remained at $70,715.00, plus costs and the $600 attorney’s fee.

There are essentially four issues presented in these appeals:

(1) Sol contends that the trial court failed to make the necessary findings of fact at the conclusion of trial; (2) both parties protest the property division as unfair; (3) Sol claims that the trial court erred in application of AS 09.55.210(6) by invading his premarital, separate property; and (4) Lena contends that the court abused its discretion by awarding her inadequate attorney’s fees.

II

We will first deal with the claim that the findings of the trial court were inadequate.

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Bluebook (online)
499 P.2d 300, 1972 Alas. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-moore-alaska-1972.