Sherburne v. Sherburne

Opinion

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6 ) " -,~ URT SUPERIOR COURT OF GUAM "";fH..... ~~g~ r 2 ~ U ..• " -.) 9: 07 3 Domestic Cas0 tl~ tIDM ()7=25~ l::Pu R T MICHAEL J.A.T. SHERBURNE, )

BY

4 )

Plaintiff, )

5 )

v. FINDINGS OF FACT AND ) CONCLUSIONS OF LAW 6 )

7 TERESA L SHERBURNE, )

)

8 )

Defendant.

9

10 This matter came before the Honorable Judge Michael J. Bordallo for a bench trial on

11 January 19,2012. The Plaintiff was represented by Attorney Ron Moroni. The Defendant was 12 represented by Attorney Daniel S. Somerfleck. Having considered the witnesses' testimony and 13 the evidence presented, the court hereby makes the following findings of fact and conclusions 14

15 oflaw: 1

16 FINDINGS OF FACT 17 1. The parties were married in Guam on September 9, 2006;

18 2. The parties separated in January of 2009;

19 3. The parties have experienced irreconcilable differences which have rendered their 20

21 union impossible to continue;

22 4. During the marriage the parties have acquired the following community property: 23 2 a. Jeep with unknown value at the time of separation.

24 5. During the marriage the parties have acquired the following community debt:

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26 I To the extent that a finding of fact should be deemed a conclusion of law, or a conclusion of law deemed a finding 27 of fact, it shall so be considered.

28 2 The Jeep is in the possession of the Defendant.

a. Auto loan with an unknown balance at the time of separation.

2 b. AAFES military star card with an unknown balance at the time of 3 marriage or at time of separation.

4 6. The Plaintiffpaid the auto loan payment in the amount of$500.00/month from April 5

6 20 I 0 until December 2011. The Plaintiff also paid the AAFES military star card in the amount

7 of$100.00/month from January 2009 and until December 2011. 8 CONCLUSIONS OF LAW

9 7. The court has jurisdiction over the matter pursuant to Chapter 8 of Title 19 of the 10 Guam Code; Section 8411 of Title 19 provides mandates that the court equitably distribute the 11

12 parties community assets; moreover the court generally has the responsibility and authority to

13 make findings of fact and conclusions of law which equitably divide and designate, assign and 14 distribute the separate debts and separate assets and well as the community debts and 15 community assets of the parties; Eberle v. Eberle, 766 N.W.2d 477, 485 (N.D. 2009); Taper v.

16 Taper, 939 A.2d 969, 974 (pa. 2007); Sutherland v. Sutherland, 560 S.W.2d 531, 532 (Tex.

17

18 Civ. App. 1978); 19 8. Plaintiff is granted a divorce from Defendant on the grounds of irreconcilable 20 differences;

21 9. The parties shall bear their own attorney costs;

22

23 10. Neither party is dependent upon the other for support or income;

24 11. The Defendant shall be awarded the Jeep. 25 12. The Court orders the following concerning the community debts: 26 a. The Defendant shall submit the Jeep's blue book value as of January 2009 and 27 statements laying out the balance of the auto loan as of January 2009.

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b. The Defendant shall submit statements laying out the balance of the AAFES 2 military star card for September 2006 and January 2009. If the star card was 3 obtained after September 2006, then the Defendant shall submit a statement 4 for the month when the card was first obtained.

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6 13. If the Defendant fails to produce the above mentioned documents or statements

7 within 30 days of the date of the courts findings, then Defendant shall be liable for the 8 remaining balances of the auto loan and the AAFES military star card because the Court has no 9 choice but to assume that there was nothing left on the balances of both debts because no 10 evidence was presented concerning the balances of either debt at the date of separation.

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12 14. If the Defendant fails to produce the above mentioned documents or statements

13 within 30 days of the date of the courts findings, the Defendant shall also be liable to the 14 Plaintiff for $10,500.00 in unreimbursed car payments and $3,600.00 in unreimbursed credit 15 card statements because the Court has no choice but to assume that there was nothing left on 16 the balances of both debts because no evidence was presented concerning the balances of either 17

18 debt at the date of separation. 19 15. Any property not mentioned by these findings which has been previously divided by 20 the parties shall remain the property of that person.

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23 SO ORDERED, this ~ day of ~ 2012.

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OR\G\\\AL.