Lotz v. Lotz
2014 Ohio 5625
Ohio Ct. App.2014Background
- Rickie Lotz appeals a judgment holding the Wapakoneta property marital in its entirety and valuing it at $440,000 with a $149,575.56 lien.
- Rickie argues the property was Donna Lotz’s gift to him as an advance on his inheritance, making it his separate property.
- Donna intervened claiming a contractual right of first refusal on the property, later acknowledged by the trial court as having evidentiary problems.
- Deeds show Donna transferred a 70.2% interest to Rickie and Alice in 2007, followed by additional deeds and a survivorship deed to facilitate a loan, with questioned Exhibit A to the right-of-first-refusal.
- The trial court found the property was marital after considering testimony and deeds, and noted the right of first refusal did not resolve the property’s status or value.
- The court rejected Rickie’s argument that the court lacked power to resolve a contract dispute and ultimately affirmed the divorce judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the property is marital or separate. | Rickie argues the property is his inheritance advance (separate property). | Alice/Donna contend the property is marital by purchase during marriage and transfers do not prove separate property. | Property is marital; sufficient competent evidence supports this. |
| Whether the court could determine the validity of the right of first refusal. | Rickie contends the right of first refusal impacts property valuation and ownership. | Donna's right of first refusal creates a contract dispute the court should resolve. | Court did not resolve a contract dispute; relied on appraisal for valuation and recognized issues with the ROFR. |
Key Cases Cited
- Forman v. Forman, 2014-Ohio-3545 (3d Dist. Marion No. 9-13-67, 2014-Ohio-3545) (two-step property classification under R.C. 3105.171)
- Iacampo v. Oliver-Iacampo, 2012-Ohio-1790 (11th Dist. Geauga No. 2011-G-3026, 2012-Ohio-1790) (burden shifting in property classification)
- Strasburg v. Strasburg, 2010-Ohio-3672 (3d Dist. Auglaize No. 2-10-12, 2010-Ohio-3672) (title may be evidence of intent; not determinative)
- Butler v. Butler, 2012-Ohio-6085 (5th Dist. Holmes No. 12CA009, 2012-Ohio-6085) (clear and convincing standard for gifts as separate property)
- Huelskamp v. Huelskamp, 185 Ohio App.3d 611 (3d Dist. 2009-Ohio-6864) (deference to trial court on valuation; evidence standard)