Petty v. Petty

739 S.W.2d 738, 1987 Mo. App. LEXIS 4856
CourtMissouri Court of Appeals
DecidedNovember 3, 1987
Docket52442
StatusPublished
Cited by15 cases

This text of 739 S.W.2d 738 (Petty v. Petty) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Petty v. Petty, 739 S.W.2d 738, 1987 Mo. App. LEXIS 4856 (Mo. Ct. App. 1987).

Opinion

CRANDALL, Judge.

Husband, Donald G. Petty, appeals from the decree of dissolution of marriage from wife, Nina J. Petty. We affirm.

Husband and wife were married in March 1956 and separated in July 1985. Three children were born of the marriage, but all were emancipated at the time of dissolution.

During the marriage, husband was employed first as a banker and then as an insurance salesman. His yearly salary and commissions as an insurance salesman were $30,000 to $35,000. He owned 16 percent of the stock in the insurance company for which he worked. He also was one-half owner of a farm in Jasper County. Generally, husband was away from home during the week and home only on weekends.

During the marriage, wife remained on the family farm in Gasconade County which husband and wife had purchased from her parents. She worked the farm, primarily raising cattle. She also bred cats for resale. She was a licensed real estate broker and an Avon representative. Although her main job was caring for the three children, she had on occasion been employed outside of the home at jobs for which she was paid minimum wage. With money saved from her endeavors, she and husband had purchased another farm in Maries County known as High Gate. At the time of dissolution, she was earning $200 to $300 per month. She was residing in the family home with the youngest daughter who was a college student and with that daughter’s small child.

The trial court issued a decree of dissolution without making specific findings as to the value of the marital assets. The court divided the marital property as shown below. The figures represent each party’s estimation of the item’s value.

*740 [[Image here]]

PROPERTY HUSBAND’S ESTIMATED WIFE’S ESTIMATED VALUE VALUE

1962 Massey Ferguson 65 Tractor * 3,000.00

Jasper County Farm Equipment $ 5,000.00 3,000.00

1981 Honda 110 Motorcycle 500.00

Marketing Specialists shares 960.00 13,000.00

Life Insurance Policies 1,000.00 1,000.00

1983 Chevrolet Pickup 6,000.00 7,475.00

1/2 interest in Jasper County Farm 57,000.00 80,000.00

Miscellaneous personal property 150.00 1,500.00

$ 70,610.00 $109,475.00

DEBTS

$ 3,700.00 GMAC debt on truck I

39,000.00 Jasper County farm debt I

989.00 Phelps County Bank debts

8,802.00

700.00 MasterCard debt

$ 84,000.00 $ 53,191.00

($ 13,390.00) $ 56,284.00 Net Award to Husband

TO WIPE

High Gate (Maries County Farm) $ 15,000.00 $ 12,500.00

Gasconade County Farm 84,000.00 49,500.00

Gasconade County Farm Equipment and Personal Property 5,100.00 2,600.00

Life Insurance Policies 0.00

Livestock 4,000.00 4,000.00

1977 Plymouth 0.00 0.00

$108,100.00 $ 68,600.00

Debt to Mother $ 2,500.00

High Gate debt 800.00 1,900.00

Debt to Phelps County Bank 3,000.00

$ 800.00 $ 7,400.00

$107,300.00 $ 61,200.00

The trial court also ordered husband to pay $4,500 in wife’s attorney’s fees and $700 per month to wife as maintenance.

In his first point, husband contends that the trial court erred in awarding wife a disproportionate share of the marital property. Husband argues that the property awarded to wife constituted “one hundred percent of the marital property of any value” and indicated that the court did not consider all the marital debts in dividing the property.

In dividing marital property, the trial court is required to make a just division; but it need not make an equal division. Ware v. Ware, 647 S.W.2d 582, 584 (Mo.App.1983); see also Section 452.330 RSMo (1986). Absent a request by the parties, the trial court is not required to make specific findings of fact as to the value of the items of marital property awarded in the decree. Dardick v. Dardick, 670 S.W. 2d 865, 868 (Mo. banc 1984); see also Rule 73.01(a)(2). The appellate court can evaluate the trial court’s division of the marital property in a meaningful fashion based on the evidence in the record. Dardick, 670 S.W.2d at 868. When there are no detailed findings of fact, the appellate court assumes the facts on appeal as having been found in accordance with the judgment. Walker v. Walker, 631 S.W.2d 68, 71 (Mo.App.1982).

*741 Under wife’s figures, she received a net award of approximately 52 percent of the property and husband received about 48 percent. Under husband’s figures, wife received a net award of 100 percent of the marital property. We assume that the trial court accepted wife’s valuation of the items in an effort to achieve a just division of marital property. If we accept wife’s figures, the awards to husband and wife, although unequal, are not so disparate as to amount to an abuse of the trial court’s discretion.

The next question is whether there was substantial evidence in the record to support the values asserted by wife. The Gasconade County farm and the High Gate property were appraised by independent appraisers at $49,500 and $12,500 respectively. There was evidence to support the valuation of husband’s stock in the insurance company at $13,000. The balance sheet of his company was admitted into evidence, showing a profit carryover of $42,630.96 and total assets of $61,316.42. Other valuations by wife were supported either by testimony at trial or by the parties’ financial statements. Certainly, there was evidence to the contrary. As trier of fact, the trial court had the prerogative to resolve the conflicts in the evidence. Ware, 647 S.W.2d at 584. We defer to that judgment, even if there is evidence which might support a different result. Id.

Husband contends that the trial court failed to consider the marital debts in dividing the property. We do not agree. The trial court specifically placed a valuation on the debts and divided them between husband and wife. The trial court’s values are in conformity with wife’s. The amount of the debts, as valued by the court and wife, are clearly supported by the record.

The trial court did not abuse its discretion in dividing the marital property. Husband’s first point is denied. 1

In his second point, husband challenges the trial court’s award of maintenance of $700 per month to wife. He asserts that wife is able to support herself through employment and that she was awarded sufficient marital property to meet her needs.

The trial court has broad discretion in awarding spousal maintenance. Mika v. Mika,

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Bluebook (online)
739 S.W.2d 738, 1987 Mo. App. LEXIS 4856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petty-v-petty-moctapp-1987.