McFarland v. McFarland
2024 UT App 31
Utah Ct. App.2024Background
- Bruce and Nicole McFarland divorced in 2009. The divorce decree awarded Nicole the marital home, subject to her assuming related financial obligations and paying Bruce a judicial lien when certain conditions occurred.
- Nicole abandoned the home in 2010, never assumed its financial obligations, nor paid the judicial lien; Bruce moved back and exclusively paid for the home’s expenses, raising the children there.
- Bruce stopped paying alimony shortly after the decree, and both parties ignored key decree provisions for years. Nicole took no action to enforce her property rights until Bruce sought to modify the decree in 2017 to award him the home.
- In the modification proceedings, Nicole sought to be restored to possession and for Bruce to be held in contempt for living in the home; Bruce countered with equitable defenses including laches and waiver.
- The district court awarded the home to Bruce based on laches and related equitable doctrines, finding he was prejudiced by Nicole's eight-year delay. The court also awarded Bruce attorney fees, citing bad faith on Nicole’s part, but without finding her claim “without merit.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether laches barred Nicole’s claim to the home | Delay was not prejudicial to Bruce | Bruce was prejudiced by Nicole’s delay | Laches barred Nicole; award to Bruce affirmed |
| Whether Bruce’s petition to modify was barred by res judicata | Issue already litigated in decree | Changed circumstances justified revisit | Modification allowed due to changed circumstances |
| Whether Bruce should be barred by "unclean hands" | Bruce had not paid alimony; unclean hands | Not raised in trial court | Not preserved for appeal; not considered |
| Whether attorney fees were properly awarded to Bruce | No finding claim was "without merit” | Claim was in bad faith (retaliatory) | Fee award reversed for lack of “without merit” finding |
Key Cases Cited
- McFarland v. McFarland, 2021 UT App 58 (affirms the alimony award and remands for further home-related proceedings in this same dispute)
- Insight Assets, Inc. v. Farias, 2013 UT 47 (explains the equitable doctrine of laches and its requirements)
- Throckmorton v. Throckmorton, 767 P.2d 121 (Utah Ct. App. 1988) (res judicata applies in divorce but can be modified with changed circumstances)
- Cady v. Johnson, 671 P.2d 149 (Utah 1983) ("without merit" under Utah’s bad-faith statute means more than just losing—a frivolous standard)