Van Buskirk v. Van Buskirk

590 A.2d 4, 527 Pa. 218, 1991 Pa. LEXIS 97
CourtSupreme Court of Pennsylvania
DecidedApril 24, 1991
Docket29 E.D. Appeal Dkt. 1990
StatusPublished
Cited by26 cases

This text of 590 A.2d 4 (Van Buskirk v. Van Buskirk) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Van Buskirk v. Van Buskirk, 590 A.2d 4, 527 Pa. 218, 1991 Pa. LEXIS 97 (Pa. 1991).

Opinions

McDERMOTT, Justice.

Appellant Mary Susan Van Buskirk (wife) and appellee Gary J. Van Buskirk (husband) were married on September 1, 1972. One child, Jessica, was born of their marriage on June 21, 1975. The parties separated in April, 1982 and in November, 1982, wife filed a complaint seeking a divorce, equitable distribution of marital property, alimony, counsel fees, and costs. In accordance with Pa.R.C.P. No. 1920.51, a divorce master was appointed by the Monroe County Court of Common Pleas. On September 24, 1986, the master conducted a hearing during which husband, wife and husband’s parents, Jean Van Buskirk and Roe Van Buskirk, testified. Thereafter, the master filed a report pursuant to which he recommended that: (1) the divorce be granted on grounds that the marriage was irretrievably broken; (2) wife be denied alimony and counsel fees; (3) each party pay their own costs; and (4) husband pay wife the sum of $18,066.78 as settlement of her equitable distribution claim in connection with the marital residence (more specifically described hereinafter). The trial court adopted the master’s recommendation in toto and entered an order adopting the recommendation. Husband appealed to the Superior Court, contesting only the equitable distribution portion of the common pleas court order. The Superior Court reversed and wife petitioned this Court for allowance of appeal. 378 Pa.Super. 418, 548 A.2d 1270. We granted allocatur to explore the equitable distribution issue. The underlying relevant facts are as follows.

During the first six (6) years of their marriage, husband and wife lived in various rental properties. At the urging of husband’s parents, in 1978 the couple agreed to take up residence on a 1.89 acre tract of land situate in Hamilton Township, Monroe County (property), which property was [221]*221part of a larger tract owned by husband’s parents and on which the parents’ residence was situate.

In December, 1978, the husband’s parents caused a deed to be prepared pursuant to which they would transfer the property to husband and wife for a recited consideration of $1.00. On December 29, 1978, at a pre-arranged meeting among husband, wife and husband’s parents at the office of a notary public, the deed was properly executed, acknowledged and notarized, and a Realty Transfer Tax Affidavit was signed by husband and notarized. Husband and wife testified that the $1.00 consideration was paid, while the father denied that this payment was made. After execution, the deed was retained by the father and never recorded. In or around May, 1981, when husband and wife were having marital problems, the father, without the knowledge or consent of husband and wife, destroyed the deed. Wife testified that when she left the notary public’s office, she thought the husband had the deed with him. She also testified that she always believed that the property was her’s and her husband’s from and after the date the deed was signed. In addition, husband and wife both testified that there were numerous discussions prior to the execution of the deed during which husband’s parents advised husband and wife that the property was going to be gifted to the couple. In anticipation of and in preparation for the transfer of the property, husband and wife commissioned a surveyor to survey the property and prepare a plan of subdivision, both of which were completed prior to the execution of the deed.

At the time the deed was executed, the property was vacant. Shortly thereafter, construction of a residence on the property was commenced. The construction was financed primarily by two bank loans ($21,100.00 and $3,939.00) obtained by husband’s parents and secured by a mortgage on all of the parents’ property including the 1.89 acre tract which is the subject of the instant dispute. Husband and wife jointly designed the residence and husband and father did most of the physical labor needed to [222]*222construct the home, with the wife helping with painting, decorating, wallpapering and general unskilled interior work.

At some point in 1979 or 1980 (the record is unclear), construction of the residence, although unfinished was sufficiently complete to permit husband, wife and child to reside therein. The family remained in the residence until April, 1982, when the wife separated from husband, taking the child with her. Thereafter, husband only sporadically occupied the marital residence. Construction, which had slowed after the family moved in, came to a complete stop at the time of the separation. While occupying the property, husband and wife made monthly payments to the parents which fluctuated in amounts based on the amounts due from the parents on the aforesaid construction loans, which had variable interest rates. The wife testified that she thought the monthly payments, which were made by check or in cash by the husband to the parents, were mortgage payments. The husband’s father testified that he considered the monthly payments to be rent payments. The father also testified that, throughout the entire period, he and his wife paid the taxes and insurance on the disputed property. The divorce master determined the value of the marital residence (including the 1.89 acre plot upon which the house is situate), as of the date of separation, as $55,000.00 less encumbrances of $18,866.45 for a net equity of $36,133.55.

The divorce master in determining what was marital property and how it should be distributed was necessarily compelled to examine the legal and equitable status of the marital residence and the land upon which it is situate. The master determined that under either a gift analysis or a contract analysis, equitable title to the property was conveyed by husband’s parents to husband and wife in December, 1978, even though the parents retained legal title. The trial court adopted the master’s determination that “a gift was intended and completed”; it did not address the master’s contract analysis. In reaching its decision, the court [223]*223relied primarily on Wolf v. Wolf, 356 Pa.Super. 365, 514 A.2d 901 (1986), which had a similar fact pattern to the case sub judice with one critical difference. In the Wolf case, a husband’s parents purportedly gifted the marital residence to husband and wife even though legal title remained in the parents. The trial court in Wolf, which was affirmed by the Superior Court, held that although the parents held legal title, the married couple held equitable title under theories of resulting trust and unjust enrichment (the couple had made mortgage payments and improved the property). In the Wolf case, however, the parents were joined as parties to the action and “were free to present evidence and were afforded the same protections as had the claims for resulting trust and unjust enrichment been maintained separately.” Wolf id., 356 Pa.Superior Ct. at 370, 514 A.2d at 904. Such was not the situation in the case sub judice, where the parents were not joined in the action.

The question then becomes whether the parents were indispensable parties to the equitable distribution portion of appellant’s action. “A party is indispensable when he has such an interest that a final decree cannot be made without affecting it, or leaving the controversy in such a condition that the final determination may be wholly inconsistent with equity and good conscience.” Hartley v. Langkamp and Elder, 243 Pa. 550, 555, 90 A. 402, 403 (1914). See, also

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Bluebook (online)
590 A.2d 4, 527 Pa. 218, 1991 Pa. LEXIS 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-buskirk-v-van-buskirk-pa-1991.