382 P.2d 412 | Utah | 1963
Stavroula Tsoufakis was granted a divorce upon her counterclaim in a divorce proceeding commenced by her husband, George Tsoufakis. This was satisfactory to both parties. This appeal is by defendant, Stavroula, the wife, from the property awards made by the court.
Appellant contends that a fair and just division of the property would have been to give her, in addition to the award made by the court, a half interest in the duplex and to decrease her alimony from $85 per month to $45 monthly. During the pend-ency of these proceedings the husband had made the monthly payments of approximately $60 on the home, had allowed her to collect the rent of $10.00 per week from one side of the duplex and had given her $60 per month for living expenses. This, she feels, is a more satisfactory arrangement than to order respondent to pay $85 per month alimony and $75 support money for the child, as she says she is apprehensive that respondent will leave the United States. Appellant contends that in any event the court should at least have impressed a lien on the duplex to secure the payment of the future instalments of alimony and support money granted her in the event respondent does leave this country, because respondent has contracted to sell the duplex for $5,750 cash, which is less than the property is worth, and has threatened to leave the United States permanently. Respondent denies that he intends to leave this country.
Although a divorce case is equitable in nature, and this Court will review
In the instant case we have two immigrants who have worked and struggled to acquire a home and security. The man is a laborer, the woman a good seamstress. The woman has been able in the past to earn a modest living in her work and no doubt could do so in the future, if necessary. The record does not disclose the ages of the couple, but since he was a war prisoner in Germany in the second world war, and both are refugees, we can probably assume that they are not old. Neither is there evidence that the health of either is not good. Under such circumstances this Court cannot say the trial court made unjust and inequitable awards or division of the properties. Even though it appears the duplex has no encumbrance on it, and the home does have an encumbrance of almost $5,000, still respondent was willing to let appellant Lave the duplex and he take the home, but she expressed her preference for the home, which the court awarded to her, and she does not complain about this. It is reasonable to assume therefore that even with the encumbrance on it, the home is more valuable to her than the duplex would have been. Because appellant would prefer to have a half interest in the duplex and less alimony, does not make it unjust to give her more alimony and no interest in that property. Both parties need to begin a new life and make adjustments. Given the background and conditions of this couple, the division as made by the court is probably a wise one.
Even though appellant says respondent has threatened to permanently leave the United States, and she is apprehensive that he will carry out this threat, the respondent has denied such intention, but stated he contemplated taking a trip to Europe. While there can be no doubt the trial court, should it appear necessary, has the power to impress a lien upon property to secure future payments of alimony and child support,
Affirmed. No costs awarded.
. Pinion v. Pinion, 92 Utah 255, 67 P.2d 265 and Wilson v. Wilson, 5 Utah 2d 79, 296 P.2d 977.
. Beesley v. Badger, 66 Utah 194, 240 P. 458.