Pfliger v. Pfliger

461 N.W.2d 432, 1990 N.D. LEXIS 203, 1990 WL 143322
CourtNorth Dakota Supreme Court
DecidedOctober 2, 1990
DocketCiv. 900001
StatusPublished
Cited by43 cases

This text of 461 N.W.2d 432 (Pfliger v. Pfliger) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pfliger v. Pfliger, 461 N.W.2d 432, 1990 N.D. LEXIS 203, 1990 WL 143322 (N.D. 1990).

Opinion

*434 MESCHKE, Justice.

Richard Pfliger appealed from a divorce decree dividing property. We remand for reconsideration of the allocation of debts, with discretion in the trial court to adjust the property division and spousal support correspondingly. In all other respects, we affirm.

After their marriage in 1960, Patricia and Richard Pfliger lived, farmed, and raised sheep on land close to Bismarck. For many years, this was on land purchased from Richard’s mother. Like many farmers, Patricia and Richard endured financial straits in the 1980’s and deeded that land to the mortgagee in 1985 to avoid foreclosure. They then moved their mobile home to a quarter-section of land that Patricia had recently inherited from her father’s estate, where they continued to farm and raise sheep.

Each spouse sometimes worked away from home during the marriage. Then in 1985 Richard began full-time employment with the U.S. Department of Agriculture. The trial court determined that, in early 1988 “[f]or whatever reason, [Richard] began associating with his secretary and the parties discontinued any meaningful personal relationship.” Patricia moved to Bismarck and sued for divorce.

Three of their six children were still minors and they stayed with Patricia. The trial court placed their uncontested custody with Patricia and ordered Richard to pay her child support of $750 per month, $250 for each child, and to maintain medical insurance for them.

Patricia hoped to attend college for an accounting degree, and she sought spousal support to enable her to do so. At the time of the divorce, Patricia was working for the Catholic Diocese of Bismarck and earning $11,160 annually. Richard was working for Federal Crop Insurance and earning $35,580 annually. Patricia and Richard could not agree on spousal support.

Patricia and Richard disagreed widely about values in their pre-trial listings of property. Farm equipment and sheep were valued at $20,490 by Patricia and at $10,-400 by Richard. In addition, Patricia listed over $12,000 in farming proceeds “taken by” Richard, while Richard claimed those amounts were “disbursed for farming purposes.” A 3.3 acre lot, given to Patricia by her father in 1977, was valued at $495 by Patricia and at $10,000 by Richard. Patricia’s inherited quarter-section was valued at $16,000 by Patricia and at $123,420 by Richard. They did not agree on division of the property.

At the trial, neither spouse presented independent evidence of values except for Patricia’s quarter-section. An appraiser for Patricia testified that the market value of her quarter-section was $39,725, including $8,000 for the mobile home. Richard tendered no opinion evidence about the market value of the quarter-section, but instead, to “demonstrate to the court it will generate income to” Patricia, his appraiser testified only about its rental value. Richard’s appraiser opined that the 155 acres of pasture would generate annual rentals of $1,860, that the improvements on the farmstead (including a pole barn, grain bins, and corrals) would generate annual rentals of $1,800, and that the mobile home would generate annual rentals of $2,160, predicting total rentals of $5,820 annually.

From the tenor of the testimony, the trial court felt that “[t]here appears to be little, if any, genuine controversy over the award of the property.” The trial court commented:

The real estate involved was inherited by [Patricia] from her parents. [Richard] has a lamb operation in addition to his permanent position with the federal government and has some farm machinery. The primary issue raised is whether [Patricia] should receive any rehabilitative spousal support for purposes of returning to college.

The trial court awarded the divorce to Patricia and ordered Richard to pay Patricia $1,000 for attorneys fees and $200 per month for four years as spousal support because “[Patricia] is limited unless she can secure future education,” and because, “[o]bviously, [Richard’s] potential earning power is far greater than that of [Patricia].”

*435 To divide property, the trial court gave each spouse “the personal property presently in his or her possession,” and distributed to Richard the farm equipment, the sheep, and the mobile home. The trial court distributed “the real property inherited from her father’s estate” to Patricia in order to “allow her to receive some income in addition to her present earnings and the child support she receives.” The judgment allocated debts in excess of $7,000 to Patricia and in excess of $24,000 to Richard. The trial court did not make any findings about values of the property distributed, and did not determine the net marital worth.

The judgment directed award of costs to Patricia. Patricia filed a bill of costs itemizing $745. Richard objected that “taxation of costs is beyond the scope of the relief intended by the trial court.”

Richard moved to alter or amend the judgment. Richard asked that he be allowed to pay support in two equal installments each month, that he be allowed to list the minor children as his tax dependents, and that Patricia be ordered to file a joint income tax return with him for 1988. Richard’s motion also urged that the court had not awarded costs to Patricia beyond $1,000 in attorney fees, that the judgment did not equitably divide the property, and that the judgment was “not based upon any Findings of Fact which would permit a reviewing court to determine whether an equitable division of property had been made.”

Richard acknowledged to the trial court that he had “suggested an unequal division of property in lieu of spousal support” through distribution of the “income producing asset” to Patricia for “approximately $500.00 per month” rental income. He argued that Patricia’s quarter-section was “income generating because of the improvements made during the marriage.” Using his own valuations, including a new figure of $45,000 for her quarter-section, Richard claimed that Patricia received more than $50,000 in net property besides spousal support, while he received, after debts, a negative $12,000 net amount. According to Richard, there was “nothing ... equitable in such a result.” Richard recognized that the trial court had adopted Patricia’s proposed distribution as it was “obviously free” to do, but Richard urged that the trial court “must explain why that resolution is equitable.”

For a “more equitable” property division, Richard sought either “an uneven property division and no spousal support” or “an equal division of property if spousal support was awarded.” The only changes that Richard proposed specifically were that the 3.3 acre lot be transferred to him, the mobile home be transferred to Patricia, and $9,000 in debts and costs be shifted to Patricia. Patricia resisted Richard’s revision, stressing that one of their sons, not Richard, had made most of the improvements on the quarter-section.

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Bluebook (online)
461 N.W.2d 432, 1990 N.D. LEXIS 203, 1990 WL 143322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfliger-v-pfliger-nd-1990.