Scott v. Scott

803 P.2d 620, 246 Mont. 10, 247 Mont. 37
CourtMontana Supreme Court
DecidedDecember 12, 1990
Docket89-434
StatusPublished
Cited by3 cases

This text of 803 P.2d 620 (Scott v. Scott) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Scott, 803 P.2d 620, 246 Mont. 10, 247 Mont. 37 (Mo. 1990).

Opinion

803 P.2d 620 (1990)

In re the Marraige of Edgar C. SCOTT, Petitioner and Respondent,
v.
Charlotte L. SCOTT, Respondent and Appellant.

No. 89-434.

Supreme Court of Montana.

Submitted on Briefs August 23, 1990.
Decided December 12, 1990.
As Modified December 20, 1990.

*621 Paul N. Cooley, Missoula, for respondent and appellant.

Daniel R. Sweeney, Butte, for petitioner and respondent.

SHEEHY, Justice.

Charlotte Loy Scott appeals the dissolution proceeding in the District Court of the *622 Second Judicial District, Silver Bow County. We reverse and remand.

The parties raise the following issues on appeal:

1. Whether the District Court erred in not ordering the sale of the family residence?

2. Whether the District Court erred in receiving the inventory and appraisement of the Elmer L. Mayhew Estate?

3. Whether the District Court erred in valuing Charlotte's equity in her 1976 Cadillac?

4. Whether the District Court erred in equitably distributing the marital estate?

5. Whether the District Court failed to take into account Edgar's vested benefits under the company pension plan?

6. Whether Edgar failed to disclose all of his Westinghouse savings plan?

7. Whether the District Court failed to account for funds which Edgar applied to marital obligations?

8. Whether the District Court erred in valuing Charlotte's equity in the family home at $39,500?

9. Whether the District Court erred in denying Charlotte maintenance?

Charlotte and Edgar were married in Malta, Montana, on June 14, 1964. Twenty-four years later, on August 22, 1988, Edgar filed a petition for dissolution with the District Court. The couple have four children. At the time of the hearing, however, only Rhonda, was under the age of 18, and thus the issues of child support and custody only concern Rhonda.

Charlotte has a high school education, and has been a housewife during all of the parties' 25-year marriage. Charlotte possesses no real job skills, and would require extensive job training to compete in the current job market. To compound Charlotte's economic woes, she suffers from chronic alcoholism.

The District Court found that Charlotte has admitted "to receiving a devise from her father, Elmer Mayhem's Estate in the amount of $42,000, of which she has spent approximately $34,000 for her living expenses since their separation, which were not reimbursed by petitioner and has assigned to her sister an addition sum of approximately $66,420. from her father's estate." Furthermore, the District Court explained that Charlotte "may be entitled to approximately $400 per month from promissory notes due and owing in her father's estate."

Edgar has a college education, and earns approximately $50,974 a year plus bonuses as an engineer for Westinghouse. He supports Rhonda without financial assistance from his wife. His job with Westinghouse provides him with full benefits, life insurance and a pension. The parties dispute the value of the pension. Charlotte contends the pension plan has a present value of $51,000 that will pay Edgar about $1,400 per month at retirement if he quit working today. Edgar values his pension plan at $18,214. The District Court agreed with Edgar.

The District Court found the parties acquired the following real property:

  Family residence, Butte, MT
  (FMV)                        $140,000.00
  Mortgage Balance due           61,000.00
                               ___________
       Equity                  $ 79,000.00
  Condominium, Phoenix, Az
  (FMV)                        $ 47,000.00
  Mortgage Balance Due           21,858.00
                               ___________
       Equity                  $ 25,142.00

The District Court awarded the possession and use of the family residence in Butte to Edgar, until Rhonda reached the age of majority, or is otherwise emancipated. At that time the court ordered the residence sold and half of the equity in the family home, as of the date of the decree, turned over to Charlotte. The District Court awarded the Phoenix condominium solely to Charlotte. The District Court suggested that Charlotte sell the condominium to aid in her maintenance.

*623 Next, the District Court found the parties acquired the following personal property during their marriage:

  Cash in American Federal Savings       $12,800
  Petitioner's Westinghouse Retirement    18,214
  Petitioner's Westinghouse Savings
  Plan                                    14,828
  Kemper Funds IRA's                      14,230
  Stocks                                  11,084
  Household furnishings                    8,240
  1976 Cadillac                            1,500
  1956 Austin Healey                         500
                                        ________
              TOTAL                      $81,396

The District Court also found the parties incurred the following debts during their marriage:

  VISA                                   $ 2,415
  J.C. Penney                                368
  Dr. Silva — Dentist                  341
  Dr. Milanovich — Orthodontist      1,795
  Dr. Charles — Eye Specialist         345
  University Physicians — Eye
  Specialist                               3,016
  University Hospital                        176
  First Citizens Bank — Loan         2,900
  State of Montana Hospital                1,994
  Highland View                              898
  A-1 Ambulance                              239
  Rocky Mtn Plastic Surgery                7,026
  Butte Pathology                            195
  OB GYN                                     868
                                        ________
              TOTAL                      $22,576

The District Court applied the parties' cash on deposit in the American Federal Savings and Loan Association in the amount of $12,800, and $4,000 of the parties' Westinghouse stock to the above debts, leaving a balance due of $5,776. The court ordered Edgar responsible for the remaining $5,776.

Based on the above figures the District Court found the net value of the marital estate was $168,738. The District Court then distributed the marital estate as follows:

     Petitioner (Edgar)
  Kemper IRA                            $ 7,115
  Petitioner's Westinghouse Retirement   18,214
  Home Equity — family residence   39,500
  Petitioner's Westinghouse Savings      14,828
  Household Furnishings                   4,212
  1956 Austin Healey                        500
                                        _______
              TOTAL                     $84,369
     Respondent (Charlotte)
  Kemper IRA                            $ 7,115
  Condominium in Phoenix                 25,142
  1976 Cadillac                           1,500
  Stocks                                  7,084
  Household Furnishings                   4,028
  Home Equity — family             39,500
                                        _______
              TOTAL                     $84,369

Charlotte testified that she needed maintenance in the amount of $500 per month. The District Court determined that Charlotte was not in need of maintenance in addition to her share of the marital estate.

The District Court awarded custody of Rhonda to Edgar, and granted Charlotte liberal visitation rights. The court did not hold Charlotte responsible for any child support obligations while Rhonda is in the care and custody of her father.

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Related

In Re the Marriage of Fishbaugh
2002 MT 175 (Montana Supreme Court, 2002)
In re the Marriage of Pfeifer
1998 MT 228 (Montana Supreme Court, 1998)
Hove v. Mullin
Montana Supreme Court, 1997

Cite This Page — Counsel Stack

Bluebook (online)
803 P.2d 620, 246 Mont. 10, 247 Mont. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-scott-mont-1990.