Abrams v. Abrams, 56462

Decision Date24 April 1990
Docket NumberNo. 56462,56462
Citation787 S.W.2d 902
PartiesMargaret Ann ABRAMS, Petitioner-Respondent, v. Glennon Miles ABRAMS, Respondent-Appellant.
CourtMissouri Court of Appeals

Steven S. Frank, Clayton, for respondent-appellant.

Rory Ellinger, O'Fallon, for petitioner-respondent.


Husband appeals from those portions of a dissolution decree dividing the marital property and allowing attorney fees to wife. We affirm.

The parties married June 30, 1962 and separated June 29, 1987. In its decree, entered March 1989, the court awarded wife primary custody of their minor child, ordered husband to pay $80 per week child support, denied wife maintenance, set aside to each spouse that spouse's nonmarital (formerly separate) property, divided the marital property and allowed wife $4,000 as attorney fees.

Under our standard of review we must affirm the trial court's judgment unless it is unsupported by substantial evidence, unless it is against the weight of the evidence, or unless it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976). We defer to the trial court's assessment of credibility. Rule 73.01(c)(2); Gaston v. Gaston, 776 S.W.2d 465, 466 (Mo.App.1989). Where findings of fact and conclusions of law were neither requested nor made, as here, we consider all factual issues to have been resolved to support the result reached. Rule 73.01(a)(2); Fornachon v. Fornachon, 748 S.W.2d 705, 707 (Mo.App.1988).

Husband principally complains of the court's division of the marital property. Specifically he argues that the court erred in (1) awarding to him only $2,000 for his interest in a residence the parties had owned near Eolia, Missouri, "because the trial court failed to consider the intent [of wife] to turn her separate nonmarital property into marital property" and (2) awarding 50% of his pension to wife because the court did not take into account the other property wife received and "such a division of property is not just after a consideration of all relevant factors."

During the marriage both husband and wife were employed outside the home. Husband's pension, acquired through his employer, Continental Can Company, Inc., accrued during the marriage. At the time of the decree, husband's gross annual wages exceeded $30,000; wife's exceeded $13,000. Wife additionally received rental income of approximately $350 per month. Wife apparently had recently received a small inheritance from her father which included a residence located in St. Louis. There was also evidence wife is the beneficiary of her aunt's estate in Canada; however, it appears the estate is subject to litigation.

The parties purchased two residences during the marriage. One, located in Troy, Missouri, was acquired early in the marriage and the other, located near Eolia, Missouri, was acquired shortly before the parties separated, then sold a few months later. Both parties, in property statements, denoted these residences as marital properties. They had an equity interest of $14,000 in the Eolia residence when they sold it.

The court set off to wife as her nonmarital property the residence in St. Louis (which both parties valued at $28,000), her interest in the Canadian estate, plus several items of personal property. The court's division of the marital property was approximately equal. It ordered wife "have and be paid fifty percent (50%) of [husband's] monthly pension benefits from Continental Can Company, Inc.," ordered that the residence in Troy be sold and the net proceeds...

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1 cases
  • In re the Marriage of Mary P. Petersen
    • United States
    • Missouri Court of Appeals
    • 25 Julio 2000
    ...consideration these separate funds Wife contributed to marital property when awarding the property to Husband. See Abrams v. Abrams, 787 S.W.2d 902, 903-04 (Mo.App. 1990), and Falvey v. Falvey, 727 S.W.2d 459, 461 (Mo.App. 1987). Even though her separate property may have been transmuted in......

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