Pollard v. Pollard

401 S.W.3d 506, 2013 WL 2301045, 2013 Mo. App. LEXIS 657
CourtMissouri Court of Appeals
DecidedMay 28, 2013
DocketNo. WD 75647
StatusPublished
Cited by7 cases

This text of 401 S.W.3d 506 (Pollard v. Pollard) 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
Pollard v. Pollard, 401 S.W.3d 506, 2013 WL 2301045, 2013 Mo. App. LEXIS 657 (Mo. Ct. App. 2013).

Opinion

CYNTHIA L. MARTIN, Judge.

D.L. Pollard (“Husband”) appeals from the trial court’s judgment and decree of dissolution of marriage with respect to its [507]*507division of property. Husband contends that the trial court erred in (1) awarding Margaret Pollard (‘"Wife”) “her inheritance account,” presumably as nonmarital property, though not expressly designated by the trial court as either marital or non-marital, because the account had been commingled with marital property; (2) awarding a 1919 Studebaker to Husband presumably as marital property, though not expressly designated by the trial court as either marital or nonmarital, because it was purchased by Husband prior to the marriage and was not commingled with marital property; (3) failing to designate all property marital or nonmarital before dividing the marital property; (4) failing to designate a value for all of the marital and nonmarital property as required to determine if the marital property was divided in a just manner; and (5) dividing the property because the division was not just and was against the weight of the evidence.

We affirm in part, reverse in part, and remand this matter for further proceedings.

Factual and Procedural History1

Husband and wife were married on September 11,1976. The parties separated on October 23, 2009. No children were born of the marriage. On October 30, 2009, Wife filed a petition for dissolution of marriage. Husband filed an answer and a counter-petition for dissolution of marriage.

On June 28, 2010, a bench trial was conducted. Wife introduced a “Second Amended Property/Debt List & Valuation” (the “Property List”). The Property List detailed the parties’ property and debts, and as to most items, whether the item was marital or nonmarital, its value, and a proposed disposition. To the extent Wife’s proposed designation, value, or division for an item was objectionable, Husband reflected his competing view on the same Property List. The Property List was thus a stipulated exhibit, although it reflected contested positions as to certain items of property. The trial court admitted the exhibit “as an aid to the Court.”

On August 24, 2010, the trial court entered a judgment and decree of dissolution of marriage (“Decree”). The Decree dissolved the marriage, divided property, and awarded maintenance to Wife in the amount of two-hundred dollars per month. The Decree also ordered the parties to pay the debts “as set forth in the [Decree]” but failed to otherwise identify or divide any debts.

In dividing the property, the trial court stated, in pertinent part:

10. THAT [Wife] is awarded real estate located at 2081 Willow Lane, Wood Heights, Missouri. [Legal description].
11. THAT [Wife’s] real estate located in or near Baldwin, Kansas, being approximately one hundred acres of agricultural land was and remains the non-marital property of [Wife] and is awarded to [Wife].
12. THAT [Wife] is awarded her “inheritance account” in North American Savings Bank ... approximate balance of thirty seven thousand ($37,000.00) dollars.
13. THAT [Husband] is awarded a checking account in Community Bank of Missouri[.]
14. THAT [Husband] is awarded checking accounts in Bank Midwest ... [508]*508valued at two thousand six hundred ($2,600.00) dollars.
15. That [Wife] is awarded the following vehicles:
1. 1990 Cadillac Deville [ ]
2. “Commuter Car” [ ]
3. 1968 Ford Mustang [ ]
4. 4x4 Kabata Lawn Tractor
16. THAT [Husband] is awarded the following vehicles:
1. 2002 GMC Seriarra [sic] [ ]
2. 1919 Studebaker [ ]
3. 1956 MG (non-marital property)
4. 1940 Plymouth pickup (non marital property) [ ]
5. Dune buggy 8hp engine [ ]
17. THAT [Wife] is awarded all pets, dog beds and taxis.
18. THAT the following property is set aside to [Husband]:
1. Antique piano and bench
2. 22 pistol
3. 410 shotgun
4. Browning 12 gage
19. THAT [Husband] is awarded one leather chair ([Wife’s] choice).
20. THAT the following items found to be marital property are set aside to
[Husband]:
[List of eleven household items not of particular relevance to this appeal]

(Emphasis added.) The Decree also ordered that all “furniture and furnishings” then in each person’s possession would be retained as that person’s sole and separate property, and that each party would retain as their sole and separate property his or her personal property and effects.

On September 22, 2010, Husband filed a “motion for new trial and/or motion to reconsider, alternatively to vacate, reopen, correct, amend or modify judgment and decree of dissolution of marriage” (“Motion for New Trial”). Husband alleged that the trial court erred in its award of maintenance to Wife. Husband also generally complained that the division of property was not “just” or “equitable” pursuant to section 452.330.2 The only specific objection raised by Husband, however, to the trial court’s designation of property as marital or nonmarital involved Wife’s inheritance account. Husband contended that the Decree appeared to treat the account as nonmarital (although it did not expressly so state) because it “awarded her inheritance account” to Wife. (Emphasis added.) Husband argued the account had been commingled and was marital.

After a hearing, the trial court entered a new judgment amending the Decree to find that no maintenance should be awarded to either party (“Amended Decree”).3 The Amended Decree did not address Husband’s claim that the inheritance account may have been improperly treated as nonmarital property. With respect to Husband’s concern that the division of property was not “just” or “equitable,” the trial court noted that it had been limited in its ability to “value property set off to one party as compared to property set off to the other” by the scanty evidence of values offered by the parties at trial, particularly as to tangible personal property, including household items. The court characterized any inability to “compare the marital estate set aside to each party” as a failure of proof.

On December 13, 2010, Husband appealed the Amended Decree. Husband raised the same five points raised in this appeal, and a sixth point which alleged that the [509]*509trial court erred in failing to divide marital debt. On February 28, 2012, this court disposed of Husband’s appeal based on the sixth point relied on. Pollard v. Pollard, 363 S.W.3d 386 (Mo.App. W.D.2012) (“Pollard I ”).

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

Related

Laura Collins v. Melvin Collins
Missouri Court of Appeals, 2019
Fox v. Fox
552 S.W.3d 777 (Missouri Court of Appeals, 2018)
Cerna-Dyer v. Dyer
540 S.W.3d 411 (Missouri Court of Appeals, 2018)
John Dean Wennihan v. Beth Ann Wennihan
452 S.W.3d 723 (Missouri Court of Appeals, 2015)
Deborah L Roberts v. Michael L Roberts
Missouri Court of Appeals, 2014
Roberts v. Roberts
432 S.W.3d 789 (Missouri Court of Appeals, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
401 S.W.3d 506, 2013 WL 2301045, 2013 Mo. App. LEXIS 657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pollard-v-pollard-moctapp-2013.