Marriage of Garcia, In re
| Decision Date | 03 December 1981 |
| Docket Number | No. 81CA0300,81CA0300 |
| Citation | 638 P.2d 848 |
| Parties | In re the MARRIAGE OF: Phyllis T. GARCIA, Appellant, and Jose D. Garcia, Appellee. . I |
| Court | Colorado Court of Appeals |
Russell Olin, Pueblo, for appellant.
No Appearance for appellee.
Phyllis T. Garcia appeals a final property settlement decree in a dissolution of marriage action. We modify the judgment, and as modified, we affirm.
After entering a decree dissolving the marriage between the parties, the trial court awarded the couple's house to the wife. The husband's share of the equity in the house was determined to be $2,250, and the wife was ordered to execute a note payable to the husband for that amount plus 8% annual interest for the time between the dissolution and the occurrence of one of the conditions which triggered payment. Payments of interest and principal were not due under the note until the wife sold the property, the youngest child reached 18 years of age, the wife remarried, or the wife "occupie(d) the family home with a member of the opposite sex." In addition to the house, the marital estate consisted of a few pieces of furniture, a 1975 automobile worth $750, and two outstanding debts. The debts were divided equally, the wife was awarded the furniture, and the husband was awarded the car.
The wife's first contention is that the order impermissibly intrudes upon her personal privacy to the extent that the note becomes due if she occupies the house with a member of the opposite sex. We agree that the condition is inappropriate.
In a dissolution action it is the responsibility of the trial court to assess the value of the parties' property, divide the property as it deems just, and to impose conditions on the property distributed. In re Marriage of Warrington, Colo.App., 616 P.2d 177 (1980). And, the trial court's disposition of the property will not be disturbed on review unless there has been an abuse of discretion. Warrington, supra.
The challenged condition here was imposed by the court sua sponte and there is no evidence in the record or explanation by the court to indicate its purpose. One might assume that the court was attempting to impose a moral restriction on the lifestyle of the wife which, in and of itself, might constitute an abuse of discretion. However, there is greater cause to set aside this condition. Its scope is too broad. If the wife were to "occupy" the house with any male, regardless of age or whether a member of the wife's family...
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Marriage of Mann, In re
...In re Marriage of Graham, 194 Colo. 429, 574 P.2d 75 (1978); Moss v. Moss, 190 Colo. 491, 549 P.2d 404 (1976); In re Marriage of Garcia, 638 P.2d 848 (Colo.App.1981). Similarly, discovery matters ordinarily are within the discretion of the trial court. Sanchez v. District Court, 624 P.2d 13......
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Marriage of Fischer, In re, 91CA1120
...per year and 21 percent in the event of default. In addition, relying on Lord v. Lord, 454 A.2d 830 (Me.1983) and In re Marriage of Garcia, 638 P.2d 848 (Colo.App.1981), the trial court concluded that it had both the responsibility and the authority to impose appropriate conditions in conne......
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Marriage of Blake, In re, 89CA1133
...the other is given a note payable over a period of time. See In re Marriage of Bayer, 687 P.2d 537 (Colo.App.1984); In re Marriage of Garcia, 638 P.2d 848 (Colo.App.1981). We are not persuaded by husband's contention that Koelsch and Gillmore are distinguishable because, unlike the situatio......
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In re Marriage of Lafaye, 01CA1210.
...697 P.2d 812 (Colo. App.1985), and the court has the discretion to impose conditions on the distribution of property. In re Marriage of Garcia, 638 P.2d 848 (Colo.App.1981). Here, wife was allowed to continue to live in the residence, and husband was obligated to pay all carrying costs asso......
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ARTICLE 10
...in the house which was awarded to the wife, for the period between the dissolution of marriage and payment of the equity. In re Garcia, 638 P.2d 848 (Colo. App. 1981). Interest on portion of sale price of marital residence representing husband's share is to be calculated from date specified......
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ARTICLE 10 UNIFORM DISSOLUTION OF MARRIAGE ACT
...in the house which was awarded to the wife, for the period between the dissolution of marriage and payment of the equity. In re Garcia, 638 P.2d 848 (Colo. App. 1981). Interest on portion of sale price of marital residence representing husband's share is to be calculated from date specified......