Chandler v. West, 16123
| Decision Date | 11 April 1980 |
| Docket Number | No. 16123,16123 |
| Citation | 610 P.2d 1299 |
| Parties | Shirley West CHANDLER, Plaintiff and Respondent, v. Calvin D. WEST, Defendant and Appellant. |
| Court | Utah Supreme Court |
Jerome H. Mooney and JoAnn Blackburn of Mooney, Jorgensen & Nakamura, Salt Lake City, for defendant and appellant.
Hal N. Swenson of Fabian & Clendenin, Salt Lake City, for plaintiff and respondent.
Defendant Calvin D. West appeals from the order of the district court that he continue making mortgage payments pursuant to a property settlement incorporated in the decree of divorce and that defendant's obligation was not terminated by his former wife's remarriage and the sale of her house.
Plaintiff Shirley West (now Chandler) filed for divorce in March 1976. In January 1977 the parties entered into an agreement entitled "Stipulation, Waiver and Property Settlement for Divorce." The agreement provided that the plaintiff should be awarded the parties' home, which was valued at $46,000, and that defendant should make "all mortgage payments on said property." The mortgage indebtedness was less than $14,000. The agreement provided further that the defendant should be awarded the parties' interest in real property in Florida worth between $3,500 and $7,500 and should retain his interest in his retirement plan allegedly worth over $174,00 and that he pay plaintiff $300 per month alimony. The agreement also made provisions for the division of personal property and the maintenance of insurance policies. The terms of the stipulation were incorporated in the decree of divorce dated February 9, 1977.
In July 1977 plaintiff sold the home for $60,000, and sometime prior to August 1977 she remarried. Defendant then stopped making mortgage payments to plaintiff. An order to show cause was filed by plaintiff in November 1977, asking that defendant continue making payments until he paid the total amount of the mortgage indebtedness as of the date of the divorce. Defendant filed an affidavit on December 20, 1977, stating that he understood and intended the mortgage payments to be in the nature of support which would terminate upon plaintiff's remarriage. He further averred that plaintiff's remarriage and sale of the house constituted a material change of circumstances, justifying modification of the decree. Subsequently, defendant moved to set aside or modify the decree so as to terminate his obligation to make mortgage payments. Although the motion was dated December 1977, it was not filed with the court until February 1979.
A hearing was held in January 1978. The court ruled that the provision requiring defendant to make the mortgage payments was part of the property settlement agreement incorporated in the divorce decree and ordered that defendant continue to pay the mortgage payments "until such time as plaintiff has received from defendant principal payments equal to the outstanding principal balance" as of September 1978 the date of the court's order. The court also corrected the monthly obligation by eliminating taxes and insurance costs from the mortgage payment to be made by defendant.
In addition to his contention that the mortgage payments were in the nature of support and should have been terminated, defendant makes the point that the courts in Utah retain jurisdiction to modify property settlements when there is a material change in circumstances and argues that the provision in the decree relating to mortgage payments was the product of a material mistake and should be rescinded.
The contention based on mistake is not persuasive. The stipulated agreement was reviewed and found reasonable by the trial court before its incorporation in the decree. The mortgage provision was subsequently reviewed by the court at the January 1978 hearing and the court at that time determined the provision to be part of the parties' property settlement and ordered continued payments. That determination, based on the court's review of the facts and circumstances, should not be overturned unless it results in such manifest injustice or inequity as to indicate a clear abuse of discretion. English v. English, Utah, 565 P.2d 409 (1977); Hansen v. Hansen, Utah, 537 P.2d 491 (1975).
Land v. Land, Utah, 605 P.2d 1248 (1980), held that property settlements are entitled to a greater sanctity than alimony and support payments in proceedings to modify divorce decrees. However, property settlements are not sacrosanct and are not beyond the power of a court of equity to modify. In this case we are not dealing with the typical distribution of specific assets pursuant to a property settlement, but with an order for the payment of a monthly mortgage obligation. Clearly it was within the power of the trial court to modify or eliminate the obligation to make those payments if the obviously changed circumstances under traditional equity standards so required. Section 30-3-5, U.C.A. (1953), as amended; LeBreton v. LeBreton, Utah, 604 P.2d 469 (1979).
The court in the present case heard testimony as to the plaintiff's remarriage and sale of her house and declined to modify what the court interpreted to be a stipulated property settlement between the parties without an explanation as to why those circumstances did not warrant a modification. The court made no findings of fact on which it based its decision. Findings of fact and conclusions of law may not be necessary in the denial of every action to modify a divorce decree, except to state that the change of circumstances does not warrant modification. But when a party, as in the instant case, presents a prima facie case of changed circumstances which basically raises a serious question as to fairness and equity of continuing the financial obligations of one party, the court's determination that modification of a decree is nevertheless inappropriate should be based on written findings and conclusions.
Defendant's obligation to retire the mortgage in monthly payments as set out in the divorce decree was without condition. In light of the concessions and compromises that are necessary to resolve marital differences, the mortgage payment provision may have been an integral part of the division of the parties' assets. In that case, it may be equitable for the court to find, as it did, that defendant was required to pay plaintiff the balance of the mortgage amount without regard to the sale of the house or plaintiff's remarriage. On the other hand, the sale of the house and the remarriage suggest that continuation of the mortgage payments may be unfair. Nevertheless, this Court is not in as an advantageous position to make a fair determination as to which side has the balance of the equities. For this Court to be in a position to review the propriety of the trial court's order, it is necessary that proper findings of fact and conclusions of law be made pursuant to rule 52(a), Utah Rules of Civil Procedure.
Remanded for further proceedings.
This appeal involves the interpretation of a decree of divorce. We should reverse and remand for modification pursuant to this opinion, with costs to appellant.
The decree ordered defendant-husband to pay plaintiff-wife $176.50 each month to be applied to the mortgage payments on a home awarded to plaintiff as her sole and separate property.
In March 1976, plaintiff filed a complaint for divorce. In January 1977, the parties entered into an agreement entitled Stipulation, Waiver And Property Settlement For Divorce, wherein defendant agreed to make all mortgage payments on the parties' home. A decree of divorce was subsequently entered in February 1977, wherein the essential elements of the property settlement were incorporated, the relevant provisions of the decree will be cited infra.
In July 1977, plaintiff sold her home for $60,000; the mortgage indebtedness was approximately $13,000. Plaintiff also remarried. Beginning in August 1977, defendant terminated his monthly payment of $176.50 to plaintiff. Plaintiff filed an order to show cause, seeking continuation of the mortgage payments. The trial court expressed the opinion the mortgage payments were in the nature of a property settlement. The trial court ordered defendant to pay plaintiff pursuant to the terms of the Property Settlement Agreement incorporated into the Decree of Divorce. The monthly mortgage payments were to be paid until such time as plaintiff had received payments equal to the outstanding principal balance on the home. (The amount of the monthly payment was reduced from $176.50 to $122.06 since there was no longer any responsibility to pay property taxes and fire insurance after sale of the home.)
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