FELDERMAN v. Zweifel
2011 Mo. App. LEXIS 1023
Mo. Ct. App.2011Background
- Felderman and Zweifel married in 2002 and divorced in 2004.
- Felderman came to Missouri in 2006 at Zweifel's invitation and they cohabited on Zweifel's forty-acre Property.
- On March 5, 2007, Zweifel executed a warranty deed to himself and Felderman as joint tenants with right of survivorship; deed recorded March 6, 2007.
- In 2009 Felderman petitioned for partition; Zweifel filed a counter-petition; bench trial occurred and judgment was entered May 27, 2010.
- Trial court found donative intent by Zweifel to gift a one-half interest to Felderman, ordered sale of the Property, and split proceeds 50/50.
- Zweifel appeals, challenging the donative-intent finding and the 50/50 ownership division; standard of review emphasizes Murphy v. Carron and deference to trial court credibility findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court correctly found donative intent. | Felderman asserts donative intent is supported by witnesses' testimony and promises made by Zweifel. | Zweifel contends the presumption of equal ownership was rebutted by unequal contributions and lack of intent to gift. | Yes; substantial evidence supported donative intent. |
| Whether the ownership was properly fixed at 50/50. | Felderman argues presumption of equal shares applies and is not rebutted. | Zweifel asserts unequal contributions show sole ownership by Zweifel or unequal shares. | Yes; the trial court's 50/50 ownership determination was affirmed. |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for partition actions)
- Hoit v. Rankin, 320 S.W.3d 761 (Mo.App. W.D.2010) (presumption of equal ownership; rebuttal considerations)
- Clark v. Dady, 131 S.W.3d 382 (Mo.App. W.D.2004) (standard of review; credibility findings)
- Hale v. Hale, 180 S.W.3d 85 (Mo.App. E.D.2005) (trial court may accept or reject witnesses' testimony)
- Anderson v. Stacker, 317 S.W.2d 417 (Mo.1958) (donative intent and contemplation of marriage; tenancy in common analysis)
- Polk v. Essen, 249 S.W.3d 914 (Mo.App. E.D.2008) (interlocutory appeal in partition—rights of the parties)
- Unsel v. Meier, 880 S.W.2d 646 (Mo.App. S.D.1994) (determination of ownership rights in partition)