Cloutier v. Cloutier, 88-75-A

• Decision Date: 29 December 1989
• Docket Number: No. 88-75-A,88-75-A
• Citation: 567 A.2d 1131
• Court: Rhode Island Supreme Court
• Parties: Rhoda-Ann CLOUTIER v. John P. CLOUTIER, Jr. ppeal.

Page 1131

567 A.2d 1131

Rhoda-Ann CLOUTIER v. John P. CLOUTIER, Jr.

No. 88-75-Appeal.

Supreme Court of Rhode Island.

Dec. 29, 1989.

Alan T. Dworkin, Dworkin & Brady, Warwick, for plaintiff.

John D. Lynch, Lynch, McKiernan & Costello, Warwick, for defendant.

OPINION

MURRAY, Justice.

This case is before the court on appeal by the defendant, John P. Cloutier, Jr. (husband) from a property-settlement order of the Family Court that awarded the plaintiff, Rhoda-Ann Cloutier (wife), 80 percent of the equity in the marital domicile and alimony of $225 per week for a four-year period. The husband also claims that the trial justice erred in placing a value on the marital domicile that differed from valuations given by each party's expert witness. We find that although the trial justice did not err in determining a value for the marital domicile, the division of this asset was not appropriate in light of previous decisions of this court. We therefore revise the division of the marital domicile and award the wife 60 percent rather than 80 percent of the equity in the marital domicile.

The Cloutiers were married on April 4, 1964. During most of the twenty-year marriage the wife was a full-time homemaker and provided approximately 95 percent of the homemaker services. She was the primary caretaker for the couple's two children. Both children are now adults. The wife later attended school, obtained an associate's degree, and became a registered nurse. She was employed at the time of the trial at a blood bank as a phlebotomist earning $207 per week. The court found that while the wife was employed she contributed financially to house payments.

The husband became employed outside the home early on in the marriage. He is presently employed as an executive at Digital Corporation earning $669 per week. Over the years his salary increased substantially from $14,000 per year to $65,400 per year. As he changed jobs the family moved from state to state. The couple purchased homes in the states where the husband was employed.

The court found that the couple was able to purchase these homes with the assistance of Ralph Northup, the wife's father. He had admitted at trial that he had given these substantial financial contributions to both the wife and the husband.

On December 30, 1986, the wife filed a complaint for divorce in Kent County Family Court on the grounds of irreconcilable differences. On January 13, 1987, the husband filed a counterclaim for divorce also on the grounds of irreconcilable differences. Both parties sought an assignment of the marital assets.

A hearing was held over several days between November 2 and December 11, 1987. In the end the trial justice divided the liquid assets by awarding approximately 65 percent to the husband and 35 percent to the wife. These liquid assets include bank accounts, stock, an insurance policy, and a pension plan.

The house, which was valued at $230,000 and in both parties' names, was divided by giving 80 percent to the wife and 20 percent to the husband. The court awarded each party the car in his or her possession. The court also awarded the wife alimony of $225 per week for a four-year period in order to enable her to complete school. The wife was not awarded any support for the couple's adult child who still resides with the wife in the family domicile.

The first issue, that of the court's valuation of the marital domicile, may be summarily decided. When, as in the present case, two experts submit property appraisals and the justice chooses to average the two appraisals, no error results. As the wife's expert noted, real estate appraising is not an exact science. The trial justice may accept or reject testimony of the wife's expert witness and derive therefrom an independent appraisal. This the trial justice did.

The second issue we consider is that of the division of the marital domicile. We note at the outset that this court on review will not disturb the trial justice's ruling unless he or she overlooked or misconceived material evidence or was clearly wrong. Vanni v. Vanni, 535 A.2d 1268, 1271 (R.I.1988). In dividing the marital assets, the court must conduct a three-step process. First, the trial justice must determine which of the parties' assets are marital property. Second, the trial justice must consider the factors enumerated in G.L.1956 (1988 Reenactment) § 15-5-16.1. Third, he or she must distribute the marital property. Lancellotti v. Lancellotti, 481 A.2d 7, 10 (R.I.1984).

One of two significant facts that the trial justice considered was that the marital domicile could not have been acquired without the financial assistance of the wife's father, Mr. Northup. Although § 15-5-16.1 provides that property acquired by one spouse as a gift is not subject to equitable distribution, the wife's father testified that the gifts had been given to both the husband and the wife. Moreover, this court has stated that property can be converted from nonmarital property into marital property if changed in form and...