In Re the Marriage of Funk
2012 MT 14
| Mont. | 2012Background
- Kevin Funk inherited 115+ acres (including 2.5 acres lakefront) plus vehicles and cash in 1996; Bernita Funk did not contribute to the inherited assets; dissolution filed February 2009; district court valued lakefront at $550,000 and non-lakefront at $415,000, awarding June half of lakefront and one-third of increased value of non-lakefront, plus other assets and maintenance; Kevin appeals on inherited-property apportionment, valuation, and the form of the award (set sum vs proportional share); the Montana Supreme Court clarifies § 40-4-202, MCA, and remands for further findings consistent with its ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Award of portion of inherited property based on § 40-4-202(1) | Funk: June contributed nothing to inherited assets; no share | Funk: inherited property can be equitably apportioned with homemaker contributions | Inherited property may be apportioned; require factors and substantial evidence |
| Valuation and distribution mechanics for lakefront property | Kenney CMA valued at $550,000; challenge to data | Robust discretion; Kenney valuation supported by record | Court’s valuation supported; remand for clarifying basis of apportionment and maintenance relation |
| Form of award (set sum vs proportional share) | Set sum may risk hardship if sale proceeds differ | Court may choose method most appropriate | Reversal not warranted; remand for proper findings on payment method |
| Proper consideration of maintenance in inherited-property division | Court must show explicit maintenance alternative or linkage | Maintenance and property division interrelated under § 202(1) | Remand required to articulate maintenance relation in inherited-property award |
Key Cases Cited
- Marriage of Collett, 190 Mont. 500, 621 P.2d 1095 (1981) (Mont. 1981) (necessity to consider § 202(1)(a)-(c) factors in inherited-property distributions)
- Marriage of Herrera, 2004 MT 40, 320 Mont. 71, 85 P.3d 781 (Mont. 2004) (overruled for misapplication of inherited-property rule; broader § 202(1) approach)
- Marriage of Smith, 264 Mont. 306, 871 P.2d 884 (1994) (Mont. 1994) (early statement limiting non-acquiring spouse without contributions (overruled))
- Marriage of Stoneman v. Drollinger, 2000 MT 274, 302 Mont. 107, 14 P.3d 12 (Mont. 2000) (predecessor cases restricted awards of inherited property without contributions (overruled))
- Marriage of Dirnberger, 2007 MT 84, 337 Mont. 56, 154 P.3d 1227 (Mont. 2007) (cited in context of inherited-property distributions)