Nelson v. Nelson

806 N.W.2d 870, 2011 Minn. App. LEXIS 145, 2011 WL 6015165
CourtCourt of Appeals of Minnesota
DecidedDecember 5, 2011
DocketNo. A10-2239
StatusPublished
Cited by9 cases

This text of 806 N.W.2d 870 (Nelson v. Nelson) 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
Nelson v. Nelson, 806 N.W.2d 870, 2011 Minn. App. LEXIS 145, 2011 WL 6015165 (Mich. Ct. App. 2011).

Opinion

OPINION

MINGE, Judge.

Appellant challenges the district court’s order enforcing a marriage-dissolution judgment by entering personal judgment against her, arguing that the district court impermissibly modified the dissolution judgment. Because the district court has discretion to enforce marriage-dissolution judgments and did not abuse that discretion, we affirm.

[871]*871FACTS

In 2001, appellant-wife Jody Nelson and respondent-husband Douglas Nelson, entered into a marital-termination agreement (MTA). The district court incorporated the MTA in the judgment dissolving their marriage. The judgment awarded the family’s homestead to wife, subject to a lien in favor of husband in the amount of $67,725 payable with interest when wife sold the homestead or remarried or when the youngest child turned 18, whichever occurred first. Because at the time of the dissolution the homestead was not yet finished, husband was required to cooperate in refinancing by wife.

In April 2008, their youngest child turned 18, triggering the homestead-related lien obligation. Husband demanded the amount specified, but wife refused payment, claiming that due to diminished-market value and the balance on the outstanding mortgage, there was no remaining equity in the homestead; that the lien was worthless; and that husband was not entitled to anything. Husband did not dispute this equity analysis but continued to demand payment.

Husband sued seeking to enforce the dissolution judgment by entry of a monetary judgment against wife for the amount of the lien plus interest. The district court determined that wife had an obligation to pay the amount specified in the lien and entered a monetary judgment against wife in the amount of $106,610.04 (the initial amount of $67,725 plus interest). This appeal follows.

ISSUE

Did the district court abuse its discretion by entering a personal judgment against wife after she failed to satisfy the monetary amount of the lien granted to husband in the dissolution judgment?

ANALYSIS

The only issue in this case is whether the district court abused its discretion by entering a personal judgment against wife. Marital liens are a method of distributing property in a dissolution proceeding; they are personal property, not an interest in the real property itself. Bakken v. Helgeson, 785 N.W.2d 791, 794-95 (Minn.App.2010). “While a [district] court may not modify a final property division, it may issue orders to implement, enforce, or clarify the provisions of a decree, so long as it does not change the parties’ substantive rights.” Redmond v. Redmond, 594 N.W.2d 272, 275 (Minn.App.1999). An order implementing or enforcing a dissolution decree does not affect the parties’ substantive rights when it does not increase or decrease the original division of marital property. Hanson v. Hanson, 379 N.W.2d 230, 233 (Minn.App.1985). This court will not disturb an appropriate order to clarify, implement, or enforce terms of a decree, absent an abuse of discretion. Potter v. Potter, 471 N.W.2d 113, 114 (Minn.App.1991).

Here, the dissolution judgment concluded:

a.That [wife] is awarded this homestead subject to a lien payable to the [husband] upon the soonest happening of the following:
1. Remarriage by the [wife];
2. Sale of the homestead by the [wife];
3. Upon the emancipation of the last of the parties’ children.
The amount of the lien is $67,725.00. The lien shall accrue interest at 6.5% annually from the date that the Marital Termination Agreement is signed.
b. [Husband] shall ... transfer to [wife] his ... interest ... in ... the [872]*872homestead, subject to his lien contained herein.
c. At the [wife’s] option, she may satisfy the [husband’s] lien interest on the premises at any time prior to occurrence of the events stated in paragraph 9(a).

In sum, the dissolution judgment awards wife the homestead, subject to paying husband $67,725 plus interest. There is no further description of the lien or its enforcement.

Generally, a lien secures an underlying obligation. See Minn.Stat. § 514.99, subd. 1(b) (2010) (defining a lien as “an encumbrance on property as security for the payment of debt”); Black’s Law Dictionary 1006 (9th ed.2004) (defining a lien as “[a] legal right or interest that a creditor has in another’s property, lasting usu. until a debt or duty that it secures is satisfied”); see also Bakken, 785 N.W.2d at 795 (stating that, to reduce the risk of future litigation, dissolution decrees imposing marital liens should include “the value of the debt to be secured by the lien”). Courts treat stipulated marriage-dissolution judgments as contracts for purposes of construction. Grachek v. Grachek, 750 N.W.2d 328, 333 (Minn.App.2008). “Whether a contract is ambiguous is a question of law that we review de novo.” Carlson v. Allstate Ins. Co., 749 N.W.2d 41, 45 (Minn.2008). Contract language is ambiguous if it is “reasonably susceptible to more than one interpretation.” Brookfield, Trade Ctr., Inc. v. Cnty. of Ramsey, 584 N.W.2d 390, 394 (Minn.1998). “In interpreting a contract, the language is to be given its plain and ordinary meaning.” Id. “The interpretation of a contract is a question of law if no ambiguity exists, but if ambiguous, it is a question of fact and extrinsic evidence may be considered.” City ofVa. v. Northland Office Props. Ltd. P’ship, 465 N.W.2d 424, 427 (Minn.App.1991), review denied (Minn. Apr. 18, 1991).

Wife argues that foreclosure on the property is husband’s exclusive remedy for enforcement of his rights under the dissolution judgment and cites to various decisions involving mechanic’s and attorney’s liens for support. See Karl Krahl Excavating Co. v. Goldman, 296 Minn. 324, 327-28, 208 N.W.2d 719, 721 (1973) (“[A] mechanics lien claimant must exhaust his rights against the property by sale before any deficiency judgment may be entered personally against a party personally liable.”); Dorsey & Whitney LLP v. Grossman, 749 N.W.2d 409, 420-23 (Minn.App.2008) (concluding that district court has authority to summarily establish an attorney’s lien but not to summarily enforce such lien through a personal judgment against the property owner). This caselaw is not helpful. The enforcement of a mechanic’s lien is limited by statute to foreclosure. Minn.Stat.

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Cite This Page — Counsel Stack

Bluebook (online)
806 N.W.2d 870, 2011 Minn. App. LEXIS 145, 2011 WL 6015165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-nelson-minnctapp-2011.