Robison v. Robison

691 P.2d 451, 100 Nev. 668, 1984 Nev. LEXIS 456
CourtNevada Supreme Court
DecidedDecember 6, 1984
Docket14128
StatusPublished
Cited by10 cases

This text of 691 P.2d 451 (Robison v. Robison) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robison v. Robison, 691 P.2d 451, 100 Nev. 668, 1984 Nev. LEXIS 456 (Neb. 1984).

Opinion

*669 OPINION

Per Curiam:

The present appeal is based largely on what appellant claims to be an erroneous characterization and valuation of various separate and community property assets owned by Sylvia and Charles Robison during their marriage. Specifically, the appellant, Charles Robison, contends that the district court erred by: (1) characterizing two parcels of real property acquired by Sylvia Robison before the present marriage as her sole and separate property although community funds had been used to pay a portion of the purchase price of the property after the marriage; (2) “picking figures out of the air” in valuing the net worth of the *670 community-owned business; and (3) awarding Sylvia alimony and support. We agree with the first two contentions and therefore reverse and remand the matter to the district court. We reject Charles’s contention that the district court abused its discretion in awarding Sylvia spousal support and therefore affirm the judgment in part.

Characterization of Property Purchased in Part with Community Funds

Charles and Sylvia Robison were married in Las Vegas, Nevada, on January 1, 1972. Both had been previously married and had children by their prior marriages. Sylvia Robison owned two parcels of real property when she entered into the 1972 marriage with Charles. The first parcel, located in Escondido, California, was awarded to Sylvia as her sole and separate property in 1968 by a divorce decree terminating her previous marriage. Following her marriage to Charles $3,011.00 was paid on the purchase price of the property with community funds.

Despite the community’s contribution toward the purchase price, the district court characterized the parcel as Sylvia’s sole and separate property. The district court reasoned that since Sylvia’s income, all of which was spent in support of the community, greatly exceeded Charles’s income, the payments out of community funds did not create a sufficient interest in Sylvia’s separate property to give it the quality of community property.

Where payments are made with community funds on real property which was owned by one spouse before marriage, the community is entitled to a pro tanto interest in such property in the ratio that the community payments bear to the payments made with separate funds. Sly v. Sly, 100 Nev. 236, 679 P.2d 1260 (1984); Barrett v. Franke, 46 Nev. 170, 208 P. 435 (1922). The mere fact that the post-marriage payments were principally derived from the earnings of the owner-spouse is of no consequence. The earnings of either spouse during the marriage are considered to be community funds regardless of which spouse earns the greater income or which spouse supports the community. See Cord v. Neuhoff, 94 Nev. 21, 573 P.2d 1170 (1978). It was therefore error for the district court to have characterized the Escondido parcel exclusively as Sylvia’s separate property.

The second parcel owned by Sylvia was a residence located on Michael Way in Las Vegas, Nevada. The Michael Way residence was purchased by Sylvia in 1969 as a home for her and her two *671 children. Prior to the 1972 marriage to Charles, Sylvia paid $9,748.00 on the purchase price of the Michael Way residence. After the marriage, Charles and two of his children from his previous marriage moved into the house with Sylvia and her children. Eventually $19,923.00 was paid on the purchase price from community funds.

The Michael Way residence was characterized by the district court in a similar fashion as the Escondido parcel. Aside from noting the disparity between Charles’s and Sylvia’s income, the district court additionally considered the use and occupation of the property during the marriage by Charles and his children. The lower court found that this benefit to Charles exceeded any community interest in the property that he would have attained as a result of the community payments.

As we have previously stated, where a portion of the purchase price of one spouse’s separate property is paid with community funds, the community acquires a pro tanto interest in the property to the extent and in the proportion that the purchase price is paid with community funds. Sly, above. The district court’s failure to recognize the community’s interest in the Michael Way residence was therefore error.

The district court considered the benefit that Charles received from the use and enjoyment of the house during the marriage as offsetting the community’s interest. This was error. Under our holding in Cord v. Cord, 98 Nev. 210, 644 P.2d 1026 (1982), where a spouse makes a conscious choice to use his or her separate property, rather than available community property, to pay community expenses, the use of the separate property constitutes a gift to the community. In the case at hand, the use of Sylvia’s real property as a community residence is equivalent to the use of one spouse’s separate funds to pay community expenses. Since there were sufficient community funds from which to support Charles and Sylvia, in the absence of an agreement to the contrary, the use of the Michael Way property constitutes a gift of the rental value of the property to the community. 1 The fact that Charles’s children were allowed to reside at the residence would not affect the nature of this gift.

In light of the principles stated above, the characterization of the Michael Way residence and the Escondido parcel as Sylvia’s *672 separate property was error. Therefore, the case is reversed and remanded with instructions that the district court reconsider the property distribution in accordance with this opinion.

Valuation of the Community Owned Business

In this appeal, Charles contests the district court’s valuation of a community owned business including two wholly owned subsidiary corporations. For the purposes of this discussion, we do not consider it necessary to reiterate the complex financial history of each business. Instead, we focus on the lower court’s method of determining the net worth of the enterprises. The district court determined the value of the ventures as follows:

With reference to the value of the businesses and the community property interest therein, Defendant [Charles] offered the 1977, 1978 and 1979 financial statements and the 1977 and 1978 corporate income tax returns from the businesses. Based on the financial statements, the net assets of the three corporations are valued at $82,908.00. There were investments in the corporation totaling $75,500.00. The gross income return per year from the corporation to Defendant is approximately $30,000.00. The figure is subject to an offset for the value of Defendant’s labor in the amount of $20,000.00, leaving a net annual income from corporate worth of $10,000.00 per year.

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Bluebook (online)
691 P.2d 451, 100 Nev. 668, 1984 Nev. LEXIS 456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robison-v-robison-nev-1984.