Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Smart Summary

Case Summary: In re the Marriage of Patsy A. Bartsch and Alvin E. Bartsch, No. 02-495 (Sup. Ct. Mont. Apr. 20, 2004)

Factual and Procedural Background

Alvin and Patsy Bartsch were married for 30 years and later obtained a dissolution. Alvin worked on the family farm (Bartsch Farms, Inc.); Patsy was a homemaker. Before marriage Alvin received 24,502 shares in Bartsch Farms, Inc. as a gift from his parents; after marriage Alvin received an additional 83,015 shares by gift and Patsy acquired 3,012 shares. The net value of Bartsch Farms, Inc. was stated as $985,643.47. At bench trial the District Court (Eighth Judicial District, Cascade County, Cause No. BDR 2001-151, Judge Julie A. Macek) awarded each party $335,240.50 of a $670,481.00 marital estate, found a fair market asset value of $3.62 per share, awarded Patsy specified cash/surrender values of several life/annuity policies, and provided Patsy a security interest in Alvin's Bartsch Farms stock until a $119,773.50 cash settlement (with interest) was paid. Alvin appealed.

Legal Issues Presented

  1. Did the District Court err in finding that an equitable distribution of marital property automatically required an equal distribution?
  2. Was the District Court's finding of fact valuing each share of Bartsch Farms, Inc. stock at $3.62 based on substantial evidence?
  3. Did the District Court err in awarding Patsy the cash surrender value of Alvin's life and annuity policies?
  4. Did the District Court abuse its discretion in awarding Patsy $119,773.50?
  5. Was the District Court's granting of a security interest in Alvin's Bartsch Farms, Inc. shares contrary to the law?

Arguments of the Parties

Appellant (Alvin)'s Arguments

  • Equitable distribution does not necessarily require equality; shares gifted to Alvin before and during marriage should not automatically result in Patsy receiving one-half of their valued amount.
  • The testimony and exhibits did not provide a substantial basis for an equitable stock share award or a blanket 50/50 division.
  • The District Court had insufficient evidence to value the stock at $3.62 per share and should use present fair market value principles.
  • Life and annuity contracts are based on his life expectancy and he has no present cash/surrender value to transfer; insurance/annuity companies are not parties and the court lacked jurisdiction over them.
  • He lacks the funds to pay $119,773.50 and Montana law/the Constitution do not permit ordering payment of money he does not have.
  • The court lacked authority under Montana statute to grant a security interest in his stock.

Respondent (Patsy)'s Arguments

  • Patsy's nonmonetary contributions as a homemaker facilitated operation and maintenance of the farm; awarding her an equitable share of stock value was the only equitable division.
  • The District Court properly considered § 40-4-202, MCA, and acted within its discretion in dividing the marital estate.
  • Alvin's exhibits and testimony supported the stock valuation and the District Court applied an appropriate valuation technique.
  • The exhibits admitted (including values for Reliastar and Life Investors) demonstrated current cash/surrender values and supported awarding those values to Patsy; the court need not have jurisdiction over insurers to enter equitable distribution orders.
  • The District Court properly could grant a security interest or equitable lien to prevent an inequitable result given its equitable powers.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
In re Marriage of Gerhart, 2003 MT 292, 318 Mont. 94, 78 P.3d 1219 Standard of review for district court's findings of fact regarding division of marital assets (review for clear error). Invoked to state that findings are reviewed for clear error and that division of property is affirmed absent clearly erroneous findings unless an abuse of discretion is identified.
In re Marriage of Steinbeisser, 2002 MT 309, 313 Mont. 74, 60 P.3d 441 Definition of "clearly erroneous" and guidance on considering contributions to appreciated premarital assets; remand where court failed to consider contributions to appreciation. Used as authority to reverse and remand because the District Court did not explain how Patsy's homemaker contributions facilitated preservation or appreciation of gifted property.
In re Marriage of Pfeifer, 1998 MT 228, 291 Mont. 23, 965 P.2d 895 Review of district court conclusions of law (whether they are correct). Referenced to state the standard for review of conclusions of law.
In re Marriage of Pospisil, 2000 MT 132, 299 Mont. 527, 1 P.3d 364 Identifies "three essential principles" of valuation for marital property subject to dissolution. Quoted to frame valuation principles applied to the stock valuation issue.
In re Marriage of Krause, 200 Mont. 368, 654 P.2d 963 Valuation principles: (1) not tied to a specific event; (2) multiple valuation points may exist; (3) preferably value at time of distribution (present fair market value). Applied to support the District Court's use of a present fair market (asset) value and to justify deference to district court valuation.
In re Marriage of Hanni, 2000 MT 59, 299 Mont. 20, 997 P.2d 760 Deference to district court valuation where valuation is reasonable in light of the evidence. Invoked to support affirming the District Court's $3.62 per share valuation as reasonable given Alvin's testimony and exhibits.

Court's Reasoning and Analysis

The Court applied the standards for review (clear-error for factual findings; correctness for conclusions of law). On the equal-division issue the Court found the District Court's single finding that Patsy's homemaker contributions "facilitated the maintenance of the farming operation" insufficient because the District Court did not explain how Patsy actually contributed to preservation or appreciation of gifted premarital property under § 40-4-202(1), MCA, and under Steinbeisser. Accordingly the Court reversed the equal-division finding and remanded for specific findings on whether and to what extent Patsy contributed to preservation or appreciation of the gifted property.

On valuation of Bartsch Farms stock, the Court reviewed valuation principles from Pospisil, Krause, and Hanni, examined Alvin's testimony and admitted exhibits (in which Alvin acknowledged the exhibit reflected current fair market values and testified about book values and asset-based figures), and concluded the District Court reasonably relied on that evidence to find $3.62 per share. The Court therefore affirmed the $3.62 per share valuation.

On the life and annuity policy values, the Court noted that Alvin identified exhibits showing current cash/surrender values, those exhibits were admitted without objection, and § 40-4-202 authorizes equitable apportionment of marital assets. The Court held there was evidence to support awarding the cash/surrender values to Patsy and affirmed those awards.

Because the Court reversed and remanded the equal-division finding, it declined to decide Alvin's challenges to the $119,773.50 monetary award and to the District Court's grant of a security interest, leaving those matters to be addressed after the remand findings concerning Patsy's contributions.

Holding and Implications

Affirmed in part; Reversed in part; Remanded in part

Holding:

  • The Court affirmed the District Court's valuation of Bartsch Farms, Inc. stock at $3.62 per share.
  • The Court affirmed the District Court's awards to Patsy of the cash and surrender values of the specified life and annuity policies.
  • The Court reversed the District Court's award of a 50% division of the marital assets and remanded for specific findings on whether and to what extent Patsy contributed to the preservation or appreciation of the gifted property under § 40-4-202, MCA.

Implications:

The direct effect is that the valuation and insurance-value awards stand, but the equal division and attendant remedies (the $119,773.50 payment and the security interest in Alvin's stock) are vacated pending the District Court's further findings on Patsy's contributions; no broader new precedent beyond application of cited valuation and remand principles was announced.

IN RE THE MARRIAGE OF PATSY A. BARTSCH, Petitioner and Respondent, and ALVIN E. BARTSCH, Respondent and Appellant.

JUSTICE NELSON delivered the Opinion of the Court.

¶ 1 Alvin Bartsch (Alvin) appeals the judgment of the Eighth Judicial District Court, Cascade County, dividing equally the marital estate established with his former wife, Patsy Bartsch (Patsy).

¶ 2 We affirm in part and reverse and remand in part for further proceedings consistent with this Opinion.

¶ 3 We address the following issues:

¶ 4 1. Did the District Court err in finding that an equitable distribution of marital property automatically required an equal distribution?

¶ 5 2. Was the District Court's finding of fact valuing each share of the Bartsch Farms, Inc. stock at $3.62 based on substantial evidence?

¶ 6 3. Did the District Court err in awarding Patsy the cash surrender value of Alvin's life and annuity policies?

¶ 7 4. Did the District Court abuse its discretion in awarding Patsy $119,773.50?

¶ 8 5. Was the District Court's granting of a security interest in Alvin's Bartsch Farms, Inc. shares contrary to the law?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 9 Alvin and Patsy were married for 30 years before their marriage ended in a dissolution. Throughout the years, Alvin worked on his family's farm, known as Bartsch Farms, Inc., while Patsy worked as a homemaker, caring for their two children.

¶ 10 Before he married Patsy, Alvin acquired 24,502 shares in Bartsch Farms, Inc. by gift from his parents. After he married Patsy, Alvin acquired an additional 83,015 shares by gift from his parents, while Patsy acquired 3,012 shares. The net value of Bartsch Farms, Inc. was $985,643.47.

¶ 11 At their dissolution bench trial, the District Court received testimony regarding Alvin and Patsy's marital assets. Ultimately, the District Court, in its findings of fact and conclusions of law, awarded Patsy and Alvin each $335,240.50 in value from their $670,481.00 marital estate. In its findings, the District Court stated specifically that:

9. The fair market asset value of the [Bartsch Farms, Inc.] shares is $3.62 per share.
10. Ms. Bartsch contributed to the operation of the farm and her nonmonetary contributions as a homemaker facilitated the maintenance of the farming operation. As such, the Court finds that it is equitable under the provisions of 40-4-202(1), MCA, to award Ms. Bartsch the value of an equitable share of stock of Bartsch Farms.
17. The Court finds that the following [in pertinent part to this appeal] is an equitable division of the marital estate:
Reliastar life insurance cash value $4,256.00 Life Investors annuity surrender value $7,582.00 Life investors life insurance cash value $6,764.00 State Farm life insurance cash value $16,411.00
22. The marital estate shall be divided as set out in Finding Number 17 above. Mr. Bartsch shall have the option of paying Ms. Bartsch the $119,773.50 cash settlement in equal monthly installments, with interest at the rate allowed for judgments, over a period of twenty years (240 months), commencing on the first day of the month following entry of this order, and continuing on the first day of each month thereafter until the $119,773.50 plus accrued interest is paid in full. Ms. Bartsch shall retain a security interest in the Bartsch Farm stock until the $119,773.50 plus accrued interest is paid in full.

¶ 12 Alvin now appeals the above-quoted findings of fact and decree from the District Court.

STANDARD OF REVIEW

¶ 13 We review a district court's findings of fact regarding a division of marital assets to determine whether the findings are clearly erroneous. In re Marriage of Gerhart, 2003 MT 292, ¶ 15, 318 Mont. 94, ¶ 15, 78 P.3d 1219, ¶ 15. Findings are clearly erroneous if: (1) they are not supported by substantial evidence; (2) the district court misapprehended the effect of the evidence; or (3) the district court made a mistake. In re Marriage of Steinbeisser, 2002 MT 309, ¶ 17, 313 Mont. 74, ¶ 17, 60 P.3d 441, ¶ 17. We will affirm a district court's division of property, absent clearly erroneous findings, unless we identify an abuse of discretion. Gerhart, ¶ 16. We review a district court's conclusions of law to determine whether the conclusions are correct. In re Marriage of Pfeifer, 1998 MT 228, ¶ 9, 291 Mont. 23, ¶ 9, 965 P.2d 895, ¶ 9.

DISCUSSION

¶ 14 1. Did the District Court err in finding that an equitable distribution of marital property required an equal distribution?

¶ 15 Alvin argues that the rule is well settled that equity in a marital distribution case does not necessarily mean equality. Because his shares were gifted to him alone and because Patsy did not substantially increase the value of the farm, Alvin contends that Patsy is not entitled to "one-half of the amount at which the [District] Court valued Alvin's shares in Bartsch Farms, Inc. . . ." As such, he argues that "[t]he testimony and exhibits introduced at trial provide no substantial basis for an equitable share of the stock, let alon[e] an across-the-board 50/50 division of property."

¶ 16 Patsy argues that because "Alvin is obviously in control of the Bartsch Farms Corporation," "[a]warding him the stock and cash . . . to compensate her for the value of the stock is the only equitable manner to divide the marital estate." As such, Patsy contends that the District Court did not abuse its discretionary authority in dividing the marital estate, as it "obviously" considered the factors delineated under § 40-4-202, MCA, regarding equitable apportionment of a marital estate.

¶ 17 Section 40-4-202(1)(a)-(b), MCA, states in pertinent part that:

(1). . . . In dividing property acquired prior to the marriage; property acquired by gift, bequest, devise, or descent . . . the increased value of property acquired prior to marriage . . . the court shall consider those contributions of the other spouse to the marriage, including:

(a) the nonmonetary contribution of a homemaker;

(b) the extent to which such contributions have facilitated the maintenance of this property. . . .

¶ 18 We noted in In re Marriage of Steinbeisser that the district court erred when it calculated the appreciation in one spouse's premarital assets and awarded the other spouse two-thirds of that appreciated asset value without considering the other spouse's contribution to the value appreciation of those assets. In re Marriage of Steinbeisser, ¶ 54. On that basis, we remanded the case to the district court for a reevaluation and distribution of the parties' marital assets. In re Marriage of Steinbeisser, ¶ 69.

¶ 19 Here, the District Court found that:

Ms. Bartsch contributed to the operation of the farm and her nonmonetary contributions as a homemaker facilitated the maintenance of the farming operation. As such, the Court finds that it is equitable under the provisions of 40-4-202(1), MCA, to award Ms. Bartsch the value of an equitable share of stock of Bartsch Farms.

¶ 20 Nowhere in its above finding did the District Court discuss its reasoning behind how Patsy, as a homemaker "facilitated the maintenance of the farming operation." Therefore, we reverse the District Court's findings on this issue. We remand this issue to the District Court for findings on whether and to what extent Patsy actually contributed to the preservation or appreciation of the gifted property under § 40-4-202, MCA, and under our holding in In re Marriage of Steinbeisser regarding this similar issue.

¶ 21 2. Was the District Court's finding of fact valuing each share of the Bartsch Farms, Inc. stock at $3.62 based on substantial evidence?

¶ 22 Alvin argues: (1) that the District Court had insufficient evidence to arrive at the $3.62 figure for the stock; and (2) that use of a fair market asset value is contrary to law, as "[t]he shares should be valued based upon their `present fair market values.'"

¶ 23 Patsy argues that the District Court "applied the appropriate valuation technique," in finding the value of the Bartsch Farms Corporation stock, especially given that "Alvin admitted that the values indicated for the corporate assets in his Exhibit . . . were based upon fair market value." We agree.

¶ 24 We have held that there exist "three essential principles of determining valuation of marital property subject to dissolution." In re Marriage of Pospisil, 2000 MT 132, ¶ 44, 299 Mont. 527, ¶ 44, 1 P.3d 364, ¶ 44. These principles include the fact that: "(1) proper valuation is not tied to a specific event, (2) there may be more than one valuation point, depending upon the kind of property involved, and (3) preferably, valuation should occur at the time of distribution, or, stated another way, present fair market values should be used." In re Marriage of Krause (1982), 200 Mont. 368, 379, 654 P.2d 963, 968. In addition, we noted that "these principles are tempered by the rule that a district court has broad discretion in property distribution." In re Marriage of Pospisil, ¶ 44. Indeed, we have said that "[t]he time for proper valuation cannot be tied to any single event in the dissolution process," as "there can be several valuation points rather than one single point for all of the property." In re Marriage of Krause, 200 Mont. at 378, 654 P.2d at 968. Further, "[a]s long as the valuation of property in a dissolution is reasonable in light of the evidence submitted . . . [this Court] will not disturb the finding on appeal." In re Marriage of Hanni, 2000 MT 59, ¶ 22, 299 Mont. 20, ¶ 22, 997 P.2d 760, ¶ 22.

¶ 25 Here, regarding the value assigned to the shares of stock, Alvin testified to the following:

Q: Now how did you arrive at the figure of $3.00 value per share of stock in Bartsch Farms?
A: When it [Bartsch Farms] was incorporated it started as dollar because of inflation was reflected on that paper you had there, the next year it went to $2, then it was increased to $3 to keep up with inflation, so it was a fair value.
Q: Was this a calculation that was made each year to determine the fair market value of the stock?

A: Yes.

¶ 26 On cross-examination, Alvin provided the following additional testimony regarding the stock value:

Q: So you got a book value for your shares, that's what the $3 a share was. That's what you carried on the books?

A: Right.

Q: If you were to actually value it as of fair market value of the assets owned by the corporation you determined it would be $3.62 a share?
A: Possibly. When we purchased the shares from my nephew and nieces, we paid less than $3. We paid $2.65 a share for that.

Q: When was that?

A: The year that Patsy got hers. It was '94, was it?

Q: This exhibit [Respondent's Exhibit 5 showing number of shares, book values, and asset values for Alvin and Patsy] is based upon current fair market value; is that right?

A: Right.

Q: You prepared this Respondent's Exhibit 5?

A: I believe so.

¶ 27 As the above-quoted language shows, based on Alvin's testimony, the District Court, in its broad discretion, accepted Alvin's testimony that the value of the shares was based on the current fair market value, finding the same — i.e., "[t]he fair market asset value of the shares is $3.62 per share." Under our holdings in In re Marriage of Krause and In re Marriage of Hanni, such valuation is both preferable and reasonable. Therefore, we hold that the District Court did not err in valuing the Bartsch Farms, Inc. shares of stock at $3.62 per share.

¶ 28 3. Did the District Court err in awarding Patsy the cash surrender value of Alvin's life and annuity policies?

¶ 29 Alvin argues that because the life and annuity policies are contracts based upon Alvin's life expectancy, he has no cash or surrender value available to him currently to give to Patsy. In addition, Alvin argues that the insurance and annuity companies are not parties to this lawsuit. Hence, the District Court did not have jurisdiction over them to make findings of fact and conclusions of law regarding the value of their policies.

¶ 30 Patsy argues that Alvin's contention that there is "no cash value or surrender value available to him" regarding the life and annuity policies is "contrary to Alvin's own testimony . . . and the exhibits he submitted" concerning those values. As such, Patsy argues that the District Court acted within its discretionary authority in awarding to Patsy the cash and surrender value of the policies. In addition, Patsy contends that Alvin's jurisdictional argument "is without merit," as a district court does not need jurisdiction over an insurance or annuity company to enter an order.

¶ 31 Again, under § 40-4-202, MCA, "[i]n a proceeding for dissolution of a marriage . . . the court . . . shall . . . finally equitably apportion between the parties the property and assets belonging to either or both, however and whenever acquired and whether the title thereto is in the name of the husband or wife or both."

¶ 32 Here, the District Court awarded Patsy the following cash and surrender values:

Reliastar life insurance cash value $4,256.00

Life Investors annuity surrender value $7,582.00

Life investors life insurance cash value $6,764.00

State Farm life insurance cash value $16,411.00

¶ 33 Alvin identified the Exhibits from which the above-quoted Reliastar and Life Investors values came as the "current, or as close to current, cash values of investments." These "investments" were in Alvin's name, and were admitted into evidence without objection from Alvin. The District Court found that the State Farm life insurance was a marital asset, valued as quoted above.

¶ 34 We hold that the District Court did not err in awarding Patsy the cash and surrender values of these life and annuity policies, as evidence existed upon which to support the values awarded to Patsy and the District Court has broad discretion for such awards under § 40-4-202, MCA.

¶ 35 4. Did the District Court abuse its discretion in awarding Patsy $119,773.50?

¶ 36 Alvin argues that "[i]t is obvious . . . that Alvin does not have $119,773.50." As such, Alvin contends that "Montana law and the Constitution do not allow a party to be ordered to pay such a large amount of money which he does not have."

¶ 37 Patsy argues that "[t]he District Court in the present case had substantial evidence to support its finding that Patsy `contributed to the operation of the farm and her nonmonetary contributions as a homemaker facilitated the maintenance of the farming operation.'"

¶ 38 We reverse the District Court's findings of fact and conclusions of law regarding its distribution of the marital estate. We remand this case to the District Court for specific findings regarding whether Patsy contributed to the preservation or the appreciation of the gifted property, and if so, specifically how she contributed. Hence, because we reverse and remand this case to the District Court, we decline to address Alvin's issue regarding the monetary award, as Patsy may or may not be entitled to such an award depending upon the outcome of this case on remand.

¶ 39 5. Was the District Court's granting of a security interest in Alvin's Bartsch Farms, Inc. shares contrary to the law?

¶ 40 Alvin argues that the District Court had no authority to grant to Patsy a security interest in Alvin's stock, as there is no provision in the Montana Code regarding distributions of a marital estate which order such a grant.

¶ 41 Patsy argues that the District Court did not abuse its discretion in granting Patsy a security interest in Alvin's stock, namely because of a district court's "equitable power to grant a security interest or equitable lien to prevent an inequitable result." Not to grant a district court the authority to enforce its judgment for an equitable division of a marital estate, Patsy contends, is to render meaningless § 40-4-202, MCA, which actually gives a district court broad discretion in equitably dividing a marital estate.

¶ 42 We reverse the District Court's findings of fact and conclusions of law regarding its distribution of the marital estate. We remand this case to the District Court for specific findings regarding whether Patsy contributed to the preservation or the appreciation of the gifted property, and if so, specifically how she contributed. Hence, because we reverse and remand this case to the District Court, we decline to address Alvin's issue regarding the security interest, as Patsy may or may not be entitled to such a security interest depending upon the outcome of this case on remand.

CONCLUSION

¶ 43 In conclusion, we affirm the District Court regarding its valuation of the Bartsch Farms, Inc. stock at $3.62 per share and the cash value and surrender value awards to Patsy. We reverse the District Court regarding its award of fifty percent of the marital assets. We remand for further proceedings to determine whether and to what extent Patsy contributed to the preservation or appreciation of the gifted property. Because we remand this case to the District Court for such findings, we do not address the issues of whether the District Court erred in awarding Patsy $119,773.50 or whether the District Court's grant of a security interest to Patsy was contrary to law.

¶ 44 Affirmed in part; Reversed in part; and Remanded in part for proceedings consistent with this Opinion.

CHIEF JUSTICE GRAY, JUSTICES COTTER and RICE concur.

Use AI to get other relevant cases.

Comments

MARRIAGE OF BARTSCH
(Apr 20, 2004)