Moore v. Sordahl

389 N.W.2d 748, 1986 Minn. App. LEXIS 4481
CourtCourt of Appeals of Minnesota
DecidedJuly 1, 1986
DocketC1-85-1838
StatusPublished
Cited by2 cases

This text of 389 N.W.2d 748 (Moore v. Sordahl) 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
Moore v. Sordahl, 389 N.W.2d 748, 1986 Minn. App. LEXIS 4481 (Mich. Ct. App. 1986).

Opinion

OPINION

FOLEY, Judge.

Joan Marie Moore appeals from a July 10, 1985 judgment dismissing her equitable claims for an interest in various real property titled in James Moore, a man with whom she had lived for four years without benefit of marriage. She further appeals the dismissal of her claim to a one-half remainder interest in his estate. In entering judgment for respondents, children of James Moore, the trial court found that, although appellant’s claims arose prior to the effective date of the Minnesota palimony statutes, Minn.Stat. §§ 513.075 and 513.-076, case law interpreting the statutes was, nonetheless, relevant in deciding these claims. No post-trial motions were made. We affirm.

*749 FACTS

Appellant Joan Moore and James Moore began cohabiting in January 1975. Sexual relations also commenced at this time. James Moore continued to maintain his own apartment with funds from a separate account until November 15, 1979, the date of his death. Throughout this period, appellant used her legal name, Mary Joan Taylor, and continued to do so for two years after James Moore’s death. She legally changed her name in June 1981.

James Moore continued to work steadily until his retirement in January 1979. Appellant did not work outside the home during the relationship. Her sole source of income was $200-$250 per month in disability benefits. She also received medical assistance to help defray monthly expenses of $1,500 for cancer treatments.

In 1976 James Moore purchased real property in Merrifield, Minnesota on a contract for deed, supplying the down payment with his own funds. Title was held in his name only. He continued to make the monthly contract for deed payments from his separate funds until his death, after which appellant made five or six payments. The balance was paid by James Moore’s estate.

Appellant testified that the couple became engaged in early 1976, but decided to forego marriage because they believed she would lose her medical assistance benefits. Appellant further stated that she and James Moore had an oral understanding that they would spend the rest of their lives together and share their resources and expenses. It was uncontested at trial that the couple never entered into a written agreement. Personal assets, including automobiles, checking and savings accounts, life insurance policies and stock was at all times separately owned. Appellant did not have authority to withdraw funds from James Moore’s savings or checking accounts.

The couple subsequently decided to build a home on the Merrifield property. Appellant took an active role in the planning process and performed the primary care-taking responsibilities. At trial she claimed that she contributed over $1,000 in home improvements but admitted receiving as much as $10,000 from James Moore over the period of their relationship for household expenses.

James Moore died intestate. Insurance policies he maintained throughout his lifetime remained unchanged and named only his former wife and children as beneficiaries. Respondents claimed that they had no knowledge of their father’s relationship with appellant until after his death. A friend of the couple, however, testified that they held themselves out as married. In early 1979 appellant’s health improved, and she testified that they renewed their plans to marry later that year. However, James Moore died before the ceremony could take place.

ISSUES

1. Did the trial court correctly apply the law in determining that appellant was not entitled to any equitable interest in property owned by the man with whom she had lived without benefit of marriage?

2. Are the trial court findings and conclusions of law supported by the evidence?

ANALYSIS

It is well established that the standard of review in absence of a motion for a new trial is whether the evidence sustains the findings of fact and whether the findings of fact sustain the conclusions of law and the judgment. Greunhagen v. Larson, 310 Minn. 454, 458, 246 N.W.2d 565, 569 (1976). Findings will be upheld unless clearly erroneous. Minn.R.Civ.P. 52.01. By contrast, whether the trial court utilized the proper standards in arriving at its decision is a question of law. See Van De Loo v. Van De Loo, 346 N.W.2d 173, 175 (Minn.Ct.App.1984). Even if a trial court errs in applying the law, the result will be upheld on appeal if it is correct. Sand v. Sand, 379 N.W.2d 119, 121 (Minn.Ct.App.1985).

*750 Minnesota’s palimony statutes, Minn. Stat. §§ 513.075 and 513.076 (1984), enacted in response to the well known and often cited case of Marvin v. Marvin, 18 Cal.3d 660, 134 Cal.Rptr. 815, 557 P.2d 106 (1976), became effective on June 1, 1980. In essence, the statutes require a written contract between parties living together in contemplation of sexual relations before a court will consider a claim by one party to the other’s earnings or property.

James Moore died in 1979 — no marriage had taken place. The trial court recognized that Minn.Stat. §§ 513.075 and 513.-076 were therefore inapplicable to this case but relied on three post-1980 cohabitation decisions in dismissing appellant’s claim for equitable relief: In re Estate of Eriksen, 337 N.W.2d 671 (Minn.1983); Tourville v. Kowarsch, 365 N.W.2d 298 (Minn.Ct.App.1985); and Hollom v. Carey, 343 N.W.2d 701 (Minn.Ct.App.1984). While it would have been better practice for the trial court to consider pre-1980 cases in reaching its decision, the failure to do so was not error under the facts of this case. Even if we determined that the trial court erred as a matter of law, we would not similarly find error in the result.

Of the three cases relied on by the trial court, only the Hollom court utilized the palimony statutes to resolve the issues before it. As such, Hollom was an inappropriate basis for analogy to the present case. In Eriksen, by contrast, the court held that Minn.Stat. §§ 513.075 and 513.076 were inapplicable when the claimant did not seek to assert any rights in the cohabitant’s property, but instead sought to protect and preserve her own property which she acquired for consideration wholly independent of any service contract related to cohabitation. Eriksen, 337 N.W.2d at 673-74.

Likewise, in Tourville the court did not address the impact of Minn.Stat. §§ 513.-075 and 513.076 on the appellant’s claim for equitable relief since the trial court’s finding that neither an express nor an implied agreement existed was reasonably supported by the evidence.

Taken together, Eriksen

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

Related

State v. St. Paul Fire & Marine Insurance Co.
434 N.W.2d 6 (Court of Appeals of Minnesota, 1989)
Mechura v. McQuillan
419 N.W.2d 855 (Court of Appeals of Minnesota, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
389 N.W.2d 748, 1986 Minn. App. LEXIS 4481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-sordahl-minnctapp-1986.