Hogel v. Hogel, 28-77

• Decision Date: 06 June 1978
• Docket Number: No. 28-77,28-77
• Court: Vermont Supreme Court
• Parties: Mary HOGEL v. Carl A. HOGEL.

Page 369

388 A.2d 369

136 Vt. 195

Mary HOGEL v. Carl A. HOGEL.

No. 28-77.

Supreme Court of Vermont.

June 6, 1978.

Jane A. Adams and Stephen H. Gilman, Bennington, for plaintiff.

William C. Sennett, Bennington, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.

PER CURIAM.

Appellant here complains of the lower court's distribution of property and award of alimony in a divorce proceeding.

Appellant was granted a divorce from her husband by order of the Bennington Superior Court. The court awarded appellant ownership of the homestead and most of its furnishings, valued by the court at $45,000.00. Appellant retained securities and bank accounts valued at $15,000.00, as well as other personal property held in her name. She was also awarded alimony from appellee in the amount of $200.00 per month for 24 months.

Appellee was awarded securities worth $11,000.00, the parties' 1971 Oldsmobile automobile, certain tools, articles of clothing, and items of sentimental value. He also received all rights under a note and mortgage from the purchasers of a bar/restaurant that the parties had operated jointly during their marriage. The court found that the note had a balance due of $76,000.00, but was of doubtful collectibility. Finally, appellee retained his sole ownership of a hunting camp, valued at $10,000.00 but encumbered by a $5,300.00 mortgage, and part ownership of a resort, valued at $20,000.00 but encumbered by a $27,000.00 mortgage.

Appellant claims that the evidence did not support the lower court's findings with regard to payments made to appellant by appellee after their separation, the collectibility of the note and the values of the homestead, hunting camp (and mortgage thereon) and resort (and mortgage thereon).

Findings must stand if there is any evidence tending fairly and reasonably to support them. V.R.C.P. 52(a). Our review of the record reveals sufficient evidentiary support for all of the challenged findings, except that regarding the amount outstanding on the mortgage of the resort partly owned by appellee.

Appellee testified at trial that the four owners purchased the resort property for $39,500.00, of which they contributed $12,000.00, the remainder ($27,500.00) being obtained through a mortgage loan. Appellee further testified that payments of $75.00 per month were being made on the property, but it is unclear where those payments were going and whether they were made by each co-owner or by the group as a whole. In response to appellant's interrogatories prior to trial, appellee stated that the mortgage on the resort property "is . . . in the amount of $24,000.00." We conclude, therefore, that the lower court's finding as to the amount of the mortgage on the resort property is not supported by the evidence.

This does not mean that the court's distribution of property and award of alimony must be struck down. There was evidence sufficient to show that the mortgage outstanding on the resort property was in an amount greater than $20,000.00. The court found, justifiably, that the market value of the resort property was $20,000.00. In any event, therefore, appellee's equity in that property was zero. The distribution of property in a divorce proceeding is not an exact science. Such distributions are required only to be equitable, and wide discretion is vested in the trial court. LaFarr v. LaFarr, 132 Vt....