Odegard v. Odegard

2003 WY 67, 69 P.3d 917, 2003 WL 21233552
CourtWyoming Supreme Court
DecidedMay 29, 2003
Docket02-138
StatusPublished
Cited by21 cases

This text of 2003 WY 67 (Odegard v. Odegard) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Odegard v. Odegard, 2003 WY 67, 69 P.3d 917, 2003 WL 21233552 (Wyo. 2003).

Opinion

HILL, Chief Justice.

[¶1] Appellant, Michael Duane Odegard (husband), seeks review of the district court's divoree decree, which ended the marriage between him and Appellee, Brenda Kay Ode-gard (wife). Husband claims that the district court: Erred in the division of the marital property; used inadmissible evidence in valuing property subject to division; failed to *919 admit evidence pertinent to the property division; erred in awarding attorney's fees to wife; made mathematical errors in computing the property division; erred in requiring husband to pay 7% interest on the unpaid portion of the property settlement; and failed to credit husband in the property division for amounts paid to wife as support pending the finalization of the divorce.

[¶2] We will affirm.

ISSUES

[¶3] Husband presents these issues:

A. The district court erred in including in the division, property which was not a product of the marital union and was not acquired during the course of the marriage by the joint efforts of the parties.
1. It was error not to consider the testimony and letter of Theta Lester offered under the exception to hearsay rule.
2. The District Court erred when it failed to follow Wyoming Statute § 20-2-114 by not considering the condition in which the parties will be left and the burdens imposed on the property for the benefit of either party and children.
3. The Court erred in ignoring the parties' stipulation.
4, The District Court erred when it failed to follow Wyoming Statute § 20-2-114 by not considering "the party through whom the property was acquired. ..."
B. It was error for the District Court to partially consider the inadmissible appraisal of Bob Zabel in setting values on the Home Place.
C. The District Court erred in awarding attorney's fees of $5,000.00.
D. The District Court erred mathematically in making its division.
E. The District Court erred in requiring [husband] to pay seven per cent interest .on the property settlement, even though there was no evidence to support it.
F. The District Court erred in not applying the support paid to [wife] against the property settlement.
1. The support provided was more than [wife] needed to defend and carry on the case.
2. The court erred because it failed to consider the tax effects of the distribution.
3. The court erred in failing to consider the ability of [husband] to pay.
4. The court erred because it ignored its own temporary order.

Although wife does not provide a separate statement of the issues in her brief, we glean this as her rendition of the issues:

A. Husband's arguments ignore the standard of review.
B. The trial court may exercise wide discretion in dividing the parties' property and debts.
C. Property given to the parties by third persons is also properly subject to division.
D. The trial court properly refused to receive into evidence Theta Lester's "Disclaimer" letter.
E. The parties did not have a stipulation regarding ownership of or restrictions on the Recluse Place.
F. The trial court did not improperly consider the appraisal of wife's expert, Robert Zabel, in setting values on the Home Place.
G. The trial court did not err in awarding $5,000.00 in attorney's fees to wife.
H. The court did not abuse its discretion in ordering that the cash which husband is to pay to wife over a period of time bear interest at the rate of 7%.
I. The district court did not err in declining to count the temporary support paid to wife during the pendency of this action against the property settlement.
J. The trial court did not err by failing to consider the condition in which the parties will be left when it divided the property.

FACTS

[¶4] The parties were married on November 11, 1978. Throughout the marriage the parties lived on the Odegard family ranch. Husband worked side-by-side with his father on the ranch, doing ranch and farming work, while wife primarily worked in the home raising the children, although she *920 did do some ranch work and worked part time outside the home on several occasions. Wife initiated the divorce proceedings; however, that was done at husband's insistence and because he did not want to continue the marriage.

[¶5] Although a number of issues are raised in this appeal, the focal point is the district court's decision to award wife a ranch property referred to as the "Recluse Place." Husband objects to wife's possession of what he considers Odegard "ancestral" lands, though wife made clear it is her desire and specific intention that the Recluse Place eventually go to the parties' sons when she no longer has need for the income she receives from that property.

[¶6] The district court found that the parties had acquired substantial real property during the marriage. They purchased the "Coones Place" in September of 1995, for $805,000.00. The down payment on the Coones Place, as well as the annual payments toward the mortgage on that property, were made with funds received by the parties during the marriage. During the marriage, the parties received several gifts of real property from husband's grandmother, Theta Lester, including a 310-acre tract of land known as the "Jones Place" in 1991, a 4/7 interest in the lands and dwellings constructed on the "Home Place" in 1991 (the Jones Place and the Home Place are known collectively as the "Home Place"), and a large tract of land known as the "Recluse Place" (also known as the "Lester Place") in 1998. The parties built a house on the Home Place using approximately $120,000.00 in funds deposited in an investment account by husband's father. Although that account was in the names of husband and his father, husband's father conceded that those funds were actually wages paid to husband during the course of the marriage.

[¶7] Husband received other gifts of land from his grandmother, which were made to him and his father, but did not include wife. Those properties were not included in the property division. f

[¶8] Wife had a close personal relationship with husband's grandmother, and the district court concluded that all gifts were made in an "intelligent and unequivocal fashion." The properties given as gifts to the parties by the grandmother were included in the property division over husband's objections.

[¶9] The district court concluded that the parties owned equity in the Coones Place of $587,192.00, the Recluse Place was worth $515,430.00, and the parties' interest in the Home Place was worth $114,000.00.

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Cite This Page — Counsel Stack

Bluebook (online)
2003 WY 67, 69 P.3d 917, 2003 WL 21233552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odegard-v-odegard-wyo-2003.