In Re the Marriage of Alexander
2011 MT 1
| Mont. | 2011Background
- Marriage of Brian and Susan Alexander; dissolution filed 2007; home in Superior, MT with ~$40k mortgage; Susan quitclaims home to Brian March 29, 2007 under claimed duress; Brian redeveloped and sold home July 2008 for $133,500; second mortgage of ~$25,635; proceeds to Brian; Brian's later disclosures added two vehicles and a motorcycle; District Court treated home as marital despite quitclaim and valued/distributed 60/40 to Brian/Susan; amended Decree ordered payment schedule; Brian timely appealed.
- Bankruptcy of assets and debts not central; valuation timing deference to equitable distribution; amendment of judgment under notice-entry rules discussed; appeal timely due to no notice of entry of judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Valuation and distribution of martial property under § 40-4-202, MCA | Brian argues home not marital due to quitclaim; disputes timing and method of valuation | Susan asserts inclusion of home and valuation method consistent with 40-4-202 | upheld the district court’s valuation and 60/40 split |
| Amendment of the Decree after enforcement motion | Brian argues amendment was sua sponte and improper | Susan contends amendment lawfully followed enforcement motion and notice rules | amendment upheld; no notice of entry required to modify under these circumstances |
Key Cases Cited
- In re Marriage of Crilly, 2005 MT 311, 329 Mont. 479, 124 P.3d 1151 (MT 2005) (standard for reviewing factual findings in dissolution)
- Arnold v. Sullivan, 2010 MT 30, 355 Mont. 177, 226 P.3d 594 (MT 2010) (guidance on valuation and equitable apportionment)
- In re Marriage of Geror, 2000 MT 60, 299 Mont. 33, 996 P.2d 381 (MT 2000) (valuing property and timing for equitable distribution)
- In re Marriage of Bell, 2000 MT 88, 299 Mont. 219, 998 P.2d 1163 (MT 2000) (timing for challenging decrees; notice entry considerations)
- Alpine Buffalo, Elk & Llama Ranch, Inc. v. Andersen, 2001 MT 307, 307 Mont. 509, 38 P.3d 815 (MT 2001) (enforcement of judgments and court’s authority to issue enforcement orders)
- Leonard v. Hoppins, 121 Mont. 275, 191 P.2d 990 (MT 1948) (contrast for sua sponte amendments without notice)
- Smith v. Foss, 177 Mont. 443, 582 P.2d 329 (MT 1978) (authority on enforcement and remedies)
- In re Estate of Holmes, 183 Mont. 290, 599 P.2d 344 (MT 1979) (notice of entry and modification timelines)