Thedens v. Thedens

400 N.W.2d 821, 1987 Minn. App. LEXIS 4080
CourtCourt of Appeals of Minnesota
DecidedFebruary 17, 1987
DocketNo. C7-86-1014
StatusPublished

This text of 400 N.W.2d 821 (Thedens v. Thedens) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thedens v. Thedens, 400 N.W.2d 821, 1987 Minn. App. LEXIS 4080 (Mich. Ct. App. 1987).

Opinion

OPINION

RANDALL, Judge.

The marriage of appellant Marilyn The-dens and respondent Gerald Thedens was dissolved pursuant to a judgment and decree entered March 18, 1986, amended May 1, 1986. The trial court awarded no spousal maintenance, divided the parties’ property, and awarded appellant $2452 in attorney fees. Marilyn Thedens appeals the property division, the denial of maintenance, and the inadequate award of attorney fees. We affirm the property settlement and the maintenance issue, but reverse on the attorney fees.

FACTS

Marilyn and Gerald Thedens were married on June 3, 1974. When the parties married, respondent owned 137 acres of farm land and a three-acre tract of land with a home and farm buildings. The trial court found that at the time of the marriage, respondent’s total equity in the property, equipment, and animals was approximately $147,400.

During 1975, appellant and respondent operated the farm, each of them assuming some of the farm duties and appellant assuming household duties. Respondent sold seed and appellant took a full-time job at a local nursing home. In November 1976, respondent sold the farm homesite and ten acres on a contract for deed for $90,000, a portion of which paid off an encumbrance on the property. The parties moved to California. They traded respondent’s remaining Minnesota farm land for an apartment building in San Diego, California.

While they were in California, both appellant and respondent obtained real estate licenses. Appellant worked as a nurse, and respondent went to law school. While attending law school, respondent was not actively employed. In September 1984, he was admitted to the Minnesota bar.

While living in California, the parties acquired title to a homestead in Oceanside, California, which they obtained in lieu of real estate commission due respondent. The property was subject to a prior indebtedness.

The trial court found that respondent established a nonmarital interest in: a Mille Lacs Lake home; a deed of trust for a home the parties sold in Encinitas, California; a Mercedes automobile; a deed of trust for an apartment building (apartment II) the parties sold in California; three vacant lots in Isle, Minnesota; a house in Isle; business property in Isle; and a diamond ring.

The trial court found respondent’s net nonmarital interest was $169,736. This was subtracted from the total value of the parties’ property, $353,573, leaving a marital estate of approximately $184,000. From that figure, appellant was awarded $92,009, consisting of $44,461 in tangible property and a cash settlement of $47,548, to be paid by respondent. The court awarded no maintenance to either party. In addition to the cash settlement, the court ordered respondent to pay appellant $2452 toward her total attorney fees and costs of $9718.

[824]*824Marilyn Thedens appeals from the judgment and decree and amended judgment.

ISSUES

1. Did the trial court err in valuing the parties’ property?

2. Did the evidence support the trial court’s award of nonmarital property to respondent?

3. Did the trial court err by failing to award maintenance to appellant?

4. Was the trial court’s award of $2452 attorney fees to appellant so inadequate, on these facts, as to constitute error?

ANALYSIS

I

Property Valuation

A trial court is not required to be mathematically exact in its valuation of assets so long as the value at which it arrives lies within a reasonable range of figures. Johnson v. Johnson, 277 N.W.2d 208, 211 (Minn.1979). Unless clearly erroneous, a trial court’s finding on the value of assets will not be disturbed. Minn. R. Civ. P. 52.01; Olness v. Olness, 364 N.W.2d 912, 915 (Minn.Ct.App.1985).

Appellant claims the trial court erred in its evaluation of the property because it consistently accepted the lowest values offered. We cannot find error when each valuation, although the more conservative offered, had an acceptable factual basis in the record and was within a reasonable range of values.

Appellant challenges the trial court’s valuation of respondent’s law practice and a Pizza Den restaurant. Both parties presented documentary evidence and testimony to establish values of these businesses.

Respondent testified that the Pizza Den equipment cost about $26,980 when purchased in March and June of 1984, but has a present fair market value of about $6000. A certified public accountant testified that the resale value of used equipment is substantially lower than its purchase price. Appellant’s Exhibit 8 indicated a $26,900 value for the Pizza Den equipment, and a value of $33,990 for the restaurant as a going business. Taking into account the deference accorded trial courts presented with conflicting oral testimony, the trial court’s finding that the present fair market value of the equipment was $15,000 is within an acceptable range.

Appellant also contends the court undervalued respondent’s law practice. She introduced an exhibit which valued respondent’s law office furniture at $2652, accounts receivable at $3500, and work in progress at $7000. The expert who prepared appellant’s exhibit admitted that the amounts for accounts receivable and work in progress should be discounted 20% for collectability.

The trial court valued the office furnishings at $2620, the accounts receivable at $2800, and the work in progress at $5600. The court found no good will value in the business. Taking into account the speculative nature of the value of a small law practice, used furniture, and law books, the trial court’s findings here are within an acceptable range and will not be disturbed on appeal.

The trial court assigned a value of $120,000 to the homestead. Appellant’s expert valued the homestead at $125,000 and respondent’s expert valued it between $120,000 and $125,000. That valuation will not be disturbed on appeal.

The court valued other real estate at $24,000, appellant’s expert having valued it at $25,500, and respondent’s expert between $20,000 and $24,000. Neither that finding nor the trial court’s value of $18,-000 on some vacant properties, where appellant offered testimony of $22,500 and respondent’s was $18,000-$20,000, is subject to reversal under our scope of appellate review.

Although the trial court did generally accept respondent’s and respondent’s expert’s opinion of proposed value, as appellant claims, the disputed dollar amounts [825]*825were within an extremely narrow range. We take judicial notice of the fact that qualified expert appraisers acknowledge their opinions on value cannot be taken literally to the penny, but must, because of market intangibles, be given at least nominal leeway on either side of a given figure. Taken overall, the trial court’s valuation of the parties’ personal and real property was within permissible limits and will not be disturbed on appeal.

II

Award of nonmarital property

The trial court concluded that respondent had a total nonmarital interest of $169,736 consisting of:

a) Mille Lacs Lake home

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Bluebook (online)
400 N.W.2d 821, 1987 Minn. App. LEXIS 4080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thedens-v-thedens-minnctapp-1987.