Rhodes v. Rhodes

2005 ND 38, 692 N.W.2d 157, 2005 N.D. LEXIS 30, 2005 WL 357575
CourtNorth Dakota Supreme Court
DecidedFebruary 16, 2005
Docket20040234
StatusPublished
Cited by4 cases

This text of 2005 ND 38 (Rhodes v. Rhodes) 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
Rhodes v. Rhodes, 2005 ND 38, 692 N.W.2d 157, 2005 N.D. LEXIS 30, 2005 WL 357575 (N.D. 2005).

Opinion

MAKING, Justice.

[¶ 1] Steven Rhodes appealed from a trial court judgment dissolving his marriage with Donna Rhodes on the ground of irreconcilable differences and dividing the parties’ property under a prenuptial agreement executed by them at the time of their marriage. On appeal, Steven asserts the trial court misapplied the prenuptial agreement in distributing the property. We affirm in part, reverse in part, and remand for modification of the property distribution in accordance with this opinion.

I.

[¶ 2] Steven and Donna Rhodes were married in June 1999. They have three children born to them of this marriage, and Donna had a daughter from a prior marriage whom Steven adopted. At the time of the marriage, the parties entered a prenuptial agreement specifying the method of distributing their property in the event of a divorce. During the marriage, irreconcilable differences developed between the parties, and in March 2003, Donna brought an action for separation. Steven countered with an action for divorce. After a hearing, the court entered a judgment dissolving the marriage and dividing the parties’ property in accordance with the prenuptial agreement. Steven appealed, asserting the trial court departed from the terms of the prenuptial agreement in dividing the property and requesting this Court to redistribute the property.

II.

[¶ 3] Under the Uniform Premarital Agreement Act, the parties to a premarital agreement may contract with respect to the disposition of property upon marital dissolution. N.D.C.C. § 14-03.1-03(l)(c). A prenuptial agreement is a contract, and its interpretation is primarily a question of law for the court to decide. Matter of Estate of Zimmerman, 1998 ND 116, ¶ 13, 579 N.W.2d 591. Only if the prenuptial agreement is ambiguous or if it does not reflect a spouse’s intent because of fraud, mistake, or accident can a court employ parole evidence to clarify the terms of the contract or to find the intent of the parties. Id. Findings of fact made by the trial court in distributing marital property are reviewed on appeal under N.D.R.Civ.P. 52(a) and will not be set aside unless clearly erroneous. See Fox v. Fox, 2001 ND 88, ¶ 14, 626 N.W.2d 660. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, although there is. some evidence to support it, on the entire evidence there is a definite *160 and firm conviction a mistake has been made. Id.

III. Pontiac Automobile

[¶ 4] Steven argues the trial court erred in awarding a 2001 Pontiac Montana van to Donna. In his appellate brief he states:

The Pontiac should have been considered a marital asset. Even if [Steven] was not to get a credit for the pay-off he made of the loan that was against Donna’s previous car, at a minimum the Pontiac should have been considered marital property and its value divided equally between the parties.

The prenuptial agreement states, “property titled in either person’s individual name, whether acquired before or after marriage, will remain the property of the person in whose name it is so entitled and will not be considered marital property for the purposes of a divorce.” Under the agreement, Donna is listed as owning a 1996 Pontiac Grand Prix with a value of $9,200. Donna acquired the Pontiac Montana van by trading in the Grand Prix, and it is apparently titled in her name. Although the parties agree that before the marriage Steven paid off some debt on the Gi’and Prix, there is nothing in the prenuptial agreement that requires reimbursement of Steven for paying that debt. Nor does the agreement prohibit the court from awarding the 2001 Pontiac Montana van to Donna as the replacement vehicle for the Pontiac Grand Prix, which was listed as her property. In awarding this automobile to Donna, the court stated, “[t]here is no dispute about disposition of the vehicles, so Donna keeps the Pontiac Montana ... and Rhodes Electric keeps the Dodge pickup.” We conclude the court’s disposition of this particular asset did not constitute a misapplication of the parties’ prenuptial agreement.

IV. Gate City Accounts

[¶ 5] At the time of the divorce, there were three Gate City Savings & Loan accounts titled in Donna’s name. She testified that two of the accounts, each with an $11,000 balance, were intended to be set aside for the education of their son and daughter and that a third account, with a $24,000 balance, was being held for Donna’s own purposes. The total amount in these accounts was $46,000. Steven asserts that $22,000 of the funds in the accounts “came about as a result of a pass-through of losses Rhodes Electric had experienced during a particularly disastrous year.” He asserts that the $46,000 in the accounts could have been awarded to him and, in fairness, should have at least been equally divided between the parties.

[¶ 6] Under paragraph five of the prenuptial agreement, “property titled in either person’s individual name, whether acquired before or after marriage, will remain the property of the person in whose name it is so entitled and will not be considered marital property for the purposes of a divorce.” The trial court found “the money came from a tax refund from the parties’ joint filing. Steven gave the money to Donna with no restrictions. The money was hers and remains hers to do with as she pleases.” Following the specific terms of the prenuptial agreement, the trial court awarded these accounts, which were titled in Donna’s name, to Donna concluding, “[t]he terms of paragraph 5 confirm that the parties intended that any property solely in a party’s name, even if acquired after the marriage, belongs to the named party.” We conclude the trial court’s findings on this issue are not clearly erroneous and its disposition of the Gate City accounts is in accordance with the prenuptial agreement.

*161 V. Edward Jones Account

[¶ 7] Steven objects to the court’s award to Donna of an Edward Jones retirement account in the amount of $4,840. Donna apparently concedes that the account is titled solely in Steven’s name, because she states in her appellate brief that “[Steven] had sole access” to the account. The court awarded the account to Donna stating, “Steven’s Exhibit 27 shows the account going to Donna, so the court will give the account to Donna.” However, the N.D.R.Ct. 8.3 Property and Debt Listing indicates this account is a retirement account. We conclude the court’s disposition of this asset is not in accordance with the prenuptial agreement, which provides, “[n]either party shall have any claim to any retirement account ... of the other during any divorce proceedings.” This is a retirement account titled in Steven’s name, and under the foregoing language of the prenuptial agreement, we conclude it was error for the court not to award this account to Steven. We, therefore, reverse that part of the court’s property distribution, and upon remand, direct the court to award the Edward Jones retirement account to Steven.

VI. Residential Property

[¶ 8] At the time of the marriage, the Rhodes owned a home at 100 Riverside Park Road in Bismarck. The parties built a new home on the property and moved into it in April 2000.

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

Related

Brummund v. Brummund
2010 ND 119 (North Dakota Supreme Court, 2010)
State v. Gunderson
2010 ND 115 (North Dakota Supreme Court, 2010)
Jangula v. Jangula
2005 ND 203 (North Dakota Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2005 ND 38, 692 N.W.2d 157, 2005 N.D. LEXIS 30, 2005 WL 357575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhodes-v-rhodes-nd-2005.