Swanson v. Swanson
Swanson v. Swanson
Opinion
[¶1] Gaye Swanson appealed a judgment dividing marital property between her and her former husband, Roy Swanson. We conclude the district court's findings on division of property are not clearly erroneous. We affirm the judgment.
I
[¶2] Gaye and Roy Swanson were married in 1969. The couple began living separately in August 2006 and in August 2016, Roy Swanson filed for divorce. After a three day trial, the district court granted the divorce based on irreconcilable differences under N.D.C.C. § 14-05-03. In considering the Ruff-Fischer guidelines, the district court weighed evidence regarding each party's fault and concluded neither party's fault would influence the property distribution.
[¶3] The district court divided the marital property and awarded Roy Swanson approximately sixty-five (65) percent and Gaye Swanson thirty-five (35) percent of the marital estate. Included in Roy Swanson's property distribution was the couple's farmland inherited from his mother, the family's seed business, and nearly $1.8 million in debt. Gaye Swanson was awarded over $370,000 worth of property, various personal and farm assets, a life insurance policy on Roy Swanson's life, and approximately $11,000 in personal debt. Included in Gaye Swanson's distribution was property she claimed was owned by her sons and a 2007 Hummer, valued at $10,000, Gaye Swanson claims to have owned with her son. Additionally, the court ordered Roy Swanson to pay $1,000 per month in spousal support for five years.
*669 II
[¶4] On appeal, Gaye Swanson contends the district court erred by inequitably dividing the marital estate, by not considering Roy Swanson's fault in the deterioration of the marriage and the parties' finances, and in finding that she, rather than her children, owned property included in the marital estate.
[¶5] This Court will not reverse the district court's decision related to property distribution unless the findings are clearly erroneous.
Berg v. Berg
,
[¶6] Section 14-05-24(1), N.D.C.C., requires a district court to make an equitable division of the parties' marital estate.
Rebel v. Rebel
,
[T]he respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.
Id
. The district court is not required to make specific findings on each factor, but must explain the rationale for its decision.
Berg
,
[¶7] "[A] trial court, having the opportunity to observe demeanor and credibility, is in a far better position than an appellate court in ascertaining the true facts regarding property value."
Hitz
,
III
[¶8] Gaye Swanson contends the district court erred in its distribution of marital property by: including in the marital estate property previously transferred to Gaye Swanson's sons, including the full $10,000 *670 value of the 2007 Hummer in Gaye Swanson's property distribution, and awarding Roy Swanson farmland that was inherited from his mother.
[¶9] North Dakota law does not mandate a set formula or method to determine how marital property is to be divided.
Brew v. Brew
,
[¶10] In this case, the trial court found "no real substantial disparity" in the division of the property. Though Gaye Swanson received approximately thirty-five (35) percent of the marital estate, the court explained that the difference was due to Roy Swanson being assigned all of the farm's debt. The district court also explained, while it considered the fact that Roy Swanson inherited the farmland from his mother during the marriage, it awarded the property to Roy Swanson because the court did not find Gaye Swanson capable of servicing the farm's debt. This Court has recognized on numerous occasions "the importance of preserving the viability of a business operation like a family farm," and "liquidation of an ongoing farming operation or business is ordinarily a last resort."
Rebel
,
[¶11] Further, nothing in the record suggests the district court erred in finding Gaye Swanson owned the parcels of land transferred to her sons or in awarding her the full value of the 2007 Hummer. Numerous deeds were entered into evidence during trial. These deeds showed that while Gaye Swanson did transfer some property to her sons, these transfers were completed during the pendency of the divorce. The district court thus found these transfers were attempts by Gaye Swanson to transfer the property out of the marital estate. Other properties were also transferred to Gaye Swanson's sons prior to the divorce proceedings. However, the court found Gaye Swanson had no intent to divest herself of dominion and control of the property and thus included the properties in the marital estate. The district court also received evidence, including Gaye Swanson's Rule 8.3 disclosure sheets, from which it concluded Gaye Swanson possessed an ownership interest in the Hummer equivalent to $10,000. As a whole, the record does not provide us with a definite and firm conviction that the district court made a mistake by including these properties in the marital estate.
IV
[¶12] Gaye Swanson argues the district court erred by not determining
*671
Roy Swanson was at fault in its analysis under the
Ruff-Fischer
guidelines. In distributing marital property, the
Ruff-Fischer
guidelines allow a district court to consider the parties' conduct during the marriage, including fault.
Weigel v. Weigel
,
[¶13] Here, Gaye Swanson contends Roy Swanson's conviction for sexual assault amounted to economic waste because it resulted in Gaye Swanson losing her foster care license. While this Court has considered the impact of incarceration on spousal support, we have not considered the impact of a spouse's incarceration on the equitable distribution of a marital estate.
See
Parisien v. Parisien
,
[¶14] Gaye Swanson also argues the district court erred in not relying on her domestic violence protection order against Roy Swanson. The res judicata effect of a domestic violence protection order establishes that such an order was obtained.
See
Hanneman v. Nygaard
,
V
[¶15] We affirm the district court's judgment distributing the marital estate.
[¶16] Gerald W. VandeWalle, C.J.
Jerod E. Tufte
Daniel J. Crothers
Jon J. Jensen
I concur in the result.
Lisa Fair McEvers
Reference
- Full Case Name
- Roy SWANSON, Sr., Plaintiff and Appellee v. Gaye SWANSON, Defendant and Appellant
- Cited By
- 16 cases
- Status
- Published