Langwald v. Langwald

• Decision Date: 15 April 2016
• Docket Number: No. 20150222.,20150222.
• Citation: 878 N.W.2d 71
• Parties: Nathan LANGWALD, Plaintiff and Appellee v. Patricia Lee LANGWALD, Defendant and Appellant.
• Court: North Dakota Supreme Court

878 N.W.2d 71

Nathan LANGWALD, Plaintiff and Appellee

v.Patricia Lee LANGWALD, Defendant and Appellant.

No. 20150222.

Supreme Court of North Dakota.

April 15, 2016.

Thomas J. Corcoran, Williston, ND, for plaintiff and appellee.

H. Malcolm Pippin, Williston, ND, for defendant and appellant.

SANDSTROM

, Justice.

[¶ 1] Patricia Langwald appeals from a divorce judgment distributing the parties' marital property and awarding child support. She argues the district court incorrectly valued and distributed the marital property. She also argues the district court incorrectly calculated child support. We affirm the judgment of the district court regarding the property valuation and distribution, and reverse and remand for the district court to properly calculate child support.

I

[¶ 2] Nathan and Patricia Langwald were married in 1994 and have three children. Before their marriage, he purchased farming property from his parents through a contract for deed. During their marriage, he worked on the family farms while she was the primary caregiver for the children. She was also involved in the farming operations by assisting with payroll, paying bills, and keeping books for the business. In 2011, Nathan Langwald was in a motorcycle accident and suffered a traumatic brain injury

requiring several months in hospitals and rehabilitation centers. For a period following the accident, he was unable to farm. Patricia Langwald continued to care for the children, the rental properties, and the farm and business operations. She also obtained his power of attorney following the accident. In 2012, she rented the entirety of the "contract for deed" farmland for approximately $47,000 per year. In 2013, Nathan Langwald began taking back some of the farmland to farm himself and cash rented the balance.

[¶ 3] Patricia Langwald initially sued her husband for divorce in Montana. Discussion between the parties led to her dismissing the Montana divorce action because the bulk of the marital estate was in North Dakota. He then sued her for divorce in North Dakota. At the 2015 trial, Nathan Langwald called Justin Jones as an expert witness to testify to the value of the parties' real property. Betty McGuire was Patricia Langwald's expert witness to the same. After trial, the district court awarded $1,231,919.51 in marital assets to him and $776,429.47 in marital assets to her and ordered him to pay $100,000 in equalization payments. The court gave her primary residential responsibility of the three children of the marriage and ordered him to pay child support.

[¶ 4] The district court had jurisdiction under N.D. Const. art. VI, § 8

, and N.D.C.C. § 27–05–06. The appeal is timely under N.D.R.App.P. 4(a). This Court has jurisdiction under N.D. Const. art. VI, § 6, and N.D.C.C. § 28–27–01.

II

[¶ 5] Patricia Langwald argues the district court's property valuation was clearly erroneous. She argues the district court did not give appropriate weight to the testimony of her real estate valuation expert, Betty McGuire.

[¶ 6] "A district court's valuation of property is a finding of fact, subject to the clearly erroneous standard of review." Kostelecky v. Kostelecky, 2006 ND 120, ¶ 8, 714 N.W.2d 845

.

The value a trial court places on marital property depends on the evidence presented by the parties. Because a trial court is in a far better position than an appellate court to observe demeanor and credibility of witnesses, we presume a trial court's property valuations are correct. We will not reverse a trial court's findings on valuation and division of marital property unless they are clearly erroneous. A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, there is no evidence to support it, or if, although there is some evidence to support it, on the entire evidence the reviewing court is left with a definite and firm conviction a mistake has been made. A choice between two permissible views of the evidence is not clearly erroneous if the trial court's findings are based either on physical or documentary evidence, or inferences from other facts, or on credibility determinations.

Id. (quoting Olson v. Olson, 2002 ND 30, ¶ 7, 639 N.W.2d 701

) (citations and quotation marks omitted). "A district court's marital property valuations are not clearly erroneous if they are within the range of the evidence presented." Id. at ¶ 9.

[¶ 7] Here the district court had to decide between the parties' competing real estate valuation experts. The district court found Jones' testimony to be more credible and persuasive because he took into consideration the type of irrigation system on the property and his valuation was more recent. We have held "the district court is in a better position than this Court to judge the credibility and observe the demeanor of witnesses and to determine property values." Kostelecky, 2006 ND 120, ¶ 9, 714 N.W.2d 845

. Although Patricia Langwald argues her expert had many more years of experience and had updated her figures within days of the trial, the district court's findings on the value of the real estate were within the range of the evidence presented by the parties, and the court gave the testimony of Nathan Langwald's expert more weight. We will not reweigh the evidence or judge the credibility of witnesses. We are not left with a definite and firm conviction a mistake has been made, and the district court's valuation of the marital property was not clearly erroneous.

III

[¶ 8] Patricia Langwald also argues the district court's property distribution was clearly erroneous. She argues the court improperly awarded Nathan Langwald a substantially higher share of the marital assets and failed to explain the disparity.

[¶ 9] A district court's distribution of marital property is treated as a finding of fact, which this Court reviews under the clearly erroneous standard of review. Hoverson v. Hoverson, 2013 ND 48, ¶ 8, 828 N.W.2d 510

(citing Wold v. Wold, 2008 ND 14, ¶ 6, 744 N.W.2d 541 ). "A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if there is no evidence to support it, or if, after reviewing all the evidence, we are left with a definite and firm conviction a mistake has been made." Hoverson, at ¶ 8 (citation omitted). "This Court views the evidence in the light most favorable to the findings, and the district court's findings of fact are presumptively correct." Hitz v. Hitz, 2008 ND 58, ¶ 10, 746 N.W.2d 732 (citations omitted).

[¶ 10] A district court is required to make an equitable distribution of all the divorcing parties' marital property and debts. N.D.C.C. § 14–05–24(1)

. "All property held by either party, whether held jointly or individually, is considered marital property, and the court must determine the total value of the marital property before making an equitable distribution." Hoverson v. Hoverson, 2013 ND 48, ¶ 9, 828 N.W.2d 510 (citing Ulsaker v. White, 2006 ND 133, ¶¶ 12–13, 717 N.W.2d 567 ). Marital property ordinarily is valued as of the date of trial. Grinaker v. Grinaker, 553 N.W.2d 204, 208–09 (N.D.1996). After the court values the property, it must then equitably divide the entire marital estate under the Ruff–Fischer guidelines, which require the court to consider the following factors in the division:

The respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material.

Ulsaker v. White, 2006 ND 133, ¶ 10, 717 N.W.2d 567

(quoting Horner v. Horner, 2004 ND 165, ¶ 9, 686 N.W.2d 131 ); see Fischer v. Fischer, 139 N.W.2d 845 (N.D.1966) ; Ruff v. Ruff, 78 N.D. 775, 52 N.W.2d 107 (1952).

[¶ 11] "Our law does not require a set formula or method for dividing marital property; rather, the division is based on the particular circumstances of each case." Hoverson, 2013 ND 48, ¶ 10, 828 N.W.2d 510

. A property division need not be equal to be equitable, but a substantial disparity must be explained. Bladow v. Bladow, 2003 ND 123, ¶ 5, 665 N.W.2d 724.

[¶ 12] Here the district court awarded Nathan Langwald $1,231,919.51 of the marital assets and Patricia Langwald $776,429.47. Of the total marital estate valued at $2,008,348.98, Nathan Langwald was awarded approximately 61% of the marital assets and Patricia Langwald approximately 39%, leaving a 22% disparity in the property division. The court, however, also awarded Patricia Langwald a $100,000 property distribution payment, bringing the disparity in the property division to approximately 12%. While this is a disparity in the property division, the district court adequately explained its reasoning.

[¶ 13] In reaching its decision, the district court considered the factors in the Ruff–Fischer guidelines and made specific findings under the factors it deemed relevant. The court found the parties' marriage of twenty years to be a long-term marriage. The court found the parties have roughly the same earning ability, although Patricia Langwald likely has greater earning ability, considering her college attendance and health. The court also found that she was managing the rental properties, raising the children, and attending college, all without requiring her to work outside the home. The court found that while she spent a great deal of time nursing Nathan Langwald back to health after his accident, "her conduct leading up to and during separation is concerning." The court went on to state:

She took money from joint accounts and at least a portion of husband's disability check. She kept all the income from the rental properties. She does not appear to have any concerns with having prohibited him from having access to a great deal of their

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