Marriage of Icke, In re, No. 74--027

Docket NºNo. 74--027
Citation530 P.2d 1001, 35 Colo.App. 60
Case DateNovember 26, 1974
CourtCourt of Appeals of Colorado

Page 1001

530 P.2d 1001
35 Colo.App. 60
In re the MARRIAGE OF Genevieve ICKE, Petitioner-Appellee,
and
Lewis A. Icke, Respondent-Appellant.
No. 74--027.
Colorado Court of Appeals, Div. II.
Nov. 26, 1974.
Rehearing Denied Dec. 10, 1974.
Certiorari Granted Feb. 3, 1975.

[35 Colo.App. 61]

Page 1002

Macy & Boulter, Stuart L. Boulter, Northglenn, for petitioner-appellee.

John A. Kintzele, Denver, for respondent-appellant.

STERNBERG, Judge.

The respondent husband appeals from permanent orders entered by the trial court, alleging an abuse of discretion in this case which was tried under the Uniform Dissolution of Marriage Act. Finding no error, we affirm.

This was a marriage of 18 years duration. Four children had been born as issue thereof. At the time of the hearing, the oldest was married and emancipated. Of the remaining three children, custody of the eldest boy was awarded to the husband, while the wife was given custody of a younger boy and girl. The husband was ordered to pay child support of $110 per month for each of these two children. The court also divided the property of the parties, made provision for their debts, and ordered the husband to pay a portion of the wife's attorney's fees.

I.

At the time of their marriage, when both parties were minors, they used money given them by their parents to purchase a vacant lot on Clay Street in Denver. A house was moved onto this lot, and a security interest in the property was given to the husband's parents. The parties lived in this home for several years. After attaining their majority, they conveyed title to the husband's parents in order to prevent creditors from attaching it. (The parents, who continue to hold title to the property, were not joined in this litigation.) The parties moved from the Clay Street property, but leased it to a third party and kept a portion of the money received as rent.

After moving from the Clay Street property, the parties [35 Colo.App. 62] purchased a home, which was their family home at the time of these proceedings. At the time of trial they had a $9,000 equity in this home. After the separation of the parties, the husband moved back into the Clay Street house.

The court awarded the husband 'any and all equitable interest, if any,' in the Clay Street property, and awarded the family home to the wife, subject to the deed of trust. The $9,000 equity in the family home was ordered divided equally between the parties, but of the husband's $4,500, $2,500 was set off as the value of the wife's interest in the Clay Street property, and $2,000 credited as lump-sum alimony. Thus, the effect of these interrelated orders was that the wife received the $9,000 equity in the family...

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12 practice notes
  • Marriage of Dulyn, In re, No. 79-238
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1980
    ...least one legal commentator. (Illinois Family Law (I.I.C.L.E.), Vol. 1, Sec. 7.20 (1978).) Moreover, in In re Marriage of Icke (1974), 35 Colo.App. 60, 530 P.2d 1001, the Colorado Court of Appeals, when asked to review the propriety of a similar order, concluded that its statutory provision......
  • Marriage of Ingels, In re, No. 78-221
    • United States
    • Colorado Court of Appeals of Colorado
    • March 8, 1979
    ...showing that the trial court abused its discretion. See Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972); In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), Aff'd, 189 Colo. 319, 540 P.2d 1076 (1975); See also In re Marriage of Corbin, Colo.App., 591 P.2d 1046 (1979). Wif......
  • Marriage of Payne, In re, No. 94CA0836
    • United States
    • Colorado Court of Appeals of Colorado
    • May 4, 1995
    ...(adjustments to division of property made in order to avoid imposition of maintenance are justified); In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), aff'd, 189 Colo. 319, 540 P.2d 1076 (1975) (trial court may require spouse owing a duty of support to maintain life Contrary t......
  • Marriage of Gallegos, In re, No. 77-579
    • United States
    • Colorado Court of Appeals of Colorado
    • June 1, 1978
    ...supra have not been modified by the Uniform Dissolution of Marriage Act, § 14-10-101, et seq., C.R.S.1973. See In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), aff'd, Colo., 540 P.2d 1076 (1975). This is true notwithstanding dicta contained in In re the Marriage of Lodholm, Co......
  • Request a trial to view additional results
12 cases
  • Marriage of Dulyn, In re, No. 79-238
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1980
    ...least one legal commentator. (Illinois Family Law (I.I.C.L.E.), Vol. 1, Sec. 7.20 (1978).) Moreover, in In re Marriage of Icke (1974), 35 Colo.App. 60, 530 P.2d 1001, the Colorado Court of Appeals, when asked to review the propriety of a similar order, concluded that its statutory provision......
  • Marriage of Ingels, In re, No. 78-221
    • United States
    • Colorado Court of Appeals of Colorado
    • March 8, 1979
    ...showing that the trial court abused its discretion. See Carlson v. Carlson, 178 Colo. 283, 497 P.2d 1006 (1972); In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), Aff'd, 189 Colo. 319, 540 P.2d 1076 (1975); See also In re Marriage of Corbin, Colo.App., 591 P.2d 1046 (1979). Wif......
  • Marriage of Payne, In re, No. 94CA0836
    • United States
    • Colorado Court of Appeals of Colorado
    • May 4, 1995
    ...(adjustments to division of property made in order to avoid imposition of maintenance are justified); In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), aff'd, 189 Colo. 319, 540 P.2d 1076 (1975) (trial court may require spouse owing a duty of support to maintain life Contrary t......
  • Marriage of Gallegos, In re, No. 77-579
    • United States
    • Colorado Court of Appeals of Colorado
    • June 1, 1978
    ...supra have not been modified by the Uniform Dissolution of Marriage Act, § 14-10-101, et seq., C.R.S.1973. See In re Marriage of Icke, 35 Colo.App. 60, 530 P.2d 1001 (1974), aff'd, Colo., 540 P.2d 1076 (1975). This is true notwithstanding dicta contained in In re the Marriage of Lodholm, Co......
  • Request a trial to view additional results

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