Beals v. Beals
2013 Alas. LEXIS 82
| Alaska | 2013Background
- Patricia Beals appeals the superior court’s division of the marital estate in her Alaska divorce from Mark Beals.
- Patricia and Mark were married in 2000, separated in 2008, and divorced in 2011; property division trial occurred January 2012.
- 534 Second Avenue home was refinanced in 2001, producing $42,092 cash used to buy the adjacent 528 Second Avenue lot; title was placed in both names.
- The superior court treated the 528 Second Avenue lot as Mark’s separate property and valued it at $45,000, with $42,092 deemed non-marital.
- The Orlander Avenue home was bought after selling the 534 Second Avenue home; the dispute centers on whether its mortgage should be valued at separation or at trial.
- The Alaska Supreme Court reverses and remands: the 528 Second Avenue lot is marital property; the Orlander mortgage must be valued at trial rather than separation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Characterization of the 528 Second Avenue lot | Lot should be marital since proceeds came from refinancing a marital asset | Proceeds were traced as separate from marital funds | Lot is marital property; error to treat as separate |
| Valuation date for the Orlander Avenue mortgage | Value as of trial reflects most accurate information | Separation date valuation appropriate under Ogard rule | Valuation must be at or near trial; remand for revaluation |
| Credit for post-separation mortgage payments | Credit may be considered in final division, not as initial valuation; remand for analysis |
Key Cases Cited
- Odom v. Odom, 141 P.3d 324 (Alaska 2006) (characterization may involve legal and factual questions; abuse of discretion review for property characterization)
- Ogard v. Ogard, 808 P.2d 815 (Alaska 1991) (valuation date should be as close to trial as practicable; exceptions limited)
- Rodriguez v. Rodriguez, 908 P.2d 1007 (Alaska 1995) (credit for post-separation payments; value timing considerations)
- Ramsey v. Ramsey, 834 P.2d 807 (Alaska 1992) (credit for post-separation income to maintain marital property; adjustments in final division)
- Hanson v. Hansen, 119 P.3d 1005 (Alaska 2005) (transmutation principles for real property)
- Green v. Green, 29 P.3d 854 (Alaska 2001) (factors for determining intent in property classification)
- Doyle v. Doyle, 815 P.2d 366 (Alaska 1991) (three-step property division framework; findings required)