Wolford v. Wolford

785 P.2d 625, 117 Idaho 61, 1990 Ida. LEXIS 3
CourtIdaho Supreme Court
DecidedJanuary 15, 1990
Docket17423
StatusPublished
Cited by16 cases

This text of 785 P.2d 625 (Wolford v. Wolford) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wolford v. Wolford, 785 P.2d 625, 117 Idaho 61, 1990 Ida. LEXIS 3 (Idaho 1990).

Opinions

BAKES, Chief Justice.

Plaintiff/appellant sued defendant/respondent, requesting a divorce and division of assets. The magistrate, J. William Hart, granted the divorce and divided the community assets, and awarded one-third of the value of defendant’s major separate property asset, his stock in CommTek, Inc., to the community, finding that one-third of CommTek’s increase in value was due to community efforts. On appeal, the district court generally affirmed the magistrate’s findings of fact and the divorce; however, it reversed the magistrate’s award of one-third of the value of the husband’s separate stock in CommTek to the community, ruling that under Speer v. Quinlan, 96 Idaho 119, 525 P.2d 314 (1974), the community had already been adequately compensated for its effort. Plaintiff/appellant appeals from the district court’s appellate decision. We affirm the district court’s order.

I

The facts as found by the magistrate’s court, and as affirmed by the district court in its appellate opinion, are as follows. Kathryn Anne Myers and David Wolford first met in June of 1977. They were subsequently married on October 15, 1978.

Two weeks prior to the marriage, David had his attorney prepare an ante-nuptial agreement which he presented to Kathryn. He also made arrangements for her to consult with Mr. George Kneeland, another attorney in the Wood River Valley. Kathryn met privately with Mr. Kneeland at his office in Ketchum, Idaho, and had every opportunity to discuss with him the nature of the document. She was advised by Mr. Kneeland of the exact consequences of the agreement, i.e., that while the income from her salaries and personal earnings would remain her own separate property, together with any income or increase in the value of her own separate property, that David’s “salaries and personal earnings” would be community property, but that any income or increase in his separate property, including any enhancement in the value of the separate property, would remain his separate property.1 The ante-nuptial agree[63]*63ment listed in a schedule both David's and Kathryn’s separate property, including the stock of CommTek, Inc., which was listed as David’s separate property asset. The agreement was apparently signed in Mr. Kneeland’s office, having been notarized by his office staff and having been signed in addition by Mr. Kneeland. There was no fraud, coercion, undue influence or overreaching on the part of David in the presentation, negotiations or signing of the ante-nuptial agreement.

After a six-week honeymoon in Europe, and after a stay at the University of Hawaii, the parties returned to the Wood River Valley nine months later in the summer of 1979. With his extensive knowledge, experience and expertise in the electronics and television communications industry, David then conceived the idea of publishing a magazine that would provide scheduling service to TV cable operators and which was eventually marketed to satellite dish owners. Among other things, David traveled to the east coast in furtherance of the idea. The magazine became known as SAT-GUIDE.

Approximately one year after David and Kathryn were married, SAT-GUIDE production began in the basement of the Wolfords’ home. Kathryn was involved in the layout and format of the publication. She also participated to a lesser extent in procuring advertising for SAT-GUIDE. In December, 1979, the first SAT-GUIDE magazine was published, taken to a trade show and distributed on a trial basis. The first issue for sale was published in February of 1980, and SAT-GUIDE was published every month thereafter until January, 1986. Even though David conceived the SAT-GUIDE idea in 1979, it was not until 1981 that any salary was paid by CommTek to either party, the first being to Kathryn. David began receiving compensation a year later in 1982. Before that time, i.e., since the parties’ marriage in 1978, they had been living off of David’s separate property entirely. In fact, the magistrate found that David paid for the parties’ normal living expenses from his separate property until March of 1983.

SAT-GUIDE was, in fact, published by the corporation, CommTek, Inc. Eventually, other magazines were also developed by CommTek, Inc., in connection with the SAT-GUIDE magazine, e.g., SATELLITE ORBIT and SATELLITE DEALER. Kathryn worked on the production of all the SAT-GUIDE magazines, at one point spending as much as 100 hours per week on them. She was intimately familiar with the detail and layout of the magazines. Nevertheless, Kathryn testified that she did not know that SAT-GUIDE was being published by CommTek, Inc., which was David’s separate property. The magistrate found otherwise, noting that in each issue of SAT-GUIDE, including the original issue, the following language is contained on either the first or second page:

December 1979 SAT-GUIDE Magazine is published monthly by COMMTEK Publishing Company, Division of COMMTEK, Inc., P.O. Box 1569, Hailey, Idaho 83333, (208) 788-3101, Copyright * COMMTEK Publishing Company. Contents may not be reproduced in any form without written permission.

The magistrate found that Kathryn’s testimony that she was not aware that SAT-GUIDE was published by CommTek, Inc., was inconsistent with her allegation that she was intimately familiar with all the details of the layout and contents of the SAT-GUIDE magazine. It was further inconsistent with her testimony that she spent as much as 100 hours per week working on the magazine. He thus found it inconceivable that she could be so intimately familiar with, and work so hard on, the magazine, and yet not see this printing on the masthead of each publication.

Further, Kathryn conducted herself in a way which showed that she did not believe she had a community property ownership right in the publication. She continually demanded that she be granted stock in the [64]*64corporation or an interest in the publication. She continually asked David questions about an ownership interest and asserted that she ought to have a right to an ownership interest in either the publishing company or the corporation.

On June 25, 1982, a Friday night after a long and hard week, the parties were having cocktails and dinner at a bar/restaurant in Hailey. Kathryn again brought up the subject of a community property interest in these assets. In an attempt to calm a potential disturbance, and in order to have a tranquil evening, David wrote a note on a napkin, admitted in evidence as Plaintiff’s Exhibit 7, which reads in full as follows:

06/25/82 — I David G. Wolford, being of I hope somewhat sound mind but of broken body acknowledge that Idaho being a community property state, that Kathryn A. Wolford, common known as Fetch, has an equal community property interest in the assets and liabilities of CommTek Publishing.
David G. Wolford
I also acknowledge that I love her and half loss debt is hers.
David

After a trial on the issue, the magistrate found that it was David’s intention in signing the note to merely acknowledge that the community property laws of Idaho were in effect and that he did not intend to create any greater rights in Kathryn than otherwise existed by law.

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Wolford v. Wolford
785 P.2d 625 (Idaho Supreme Court, 1990)

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Bluebook (online)
785 P.2d 625, 117 Idaho 61, 1990 Ida. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolford-v-wolford-idaho-1990.