Roth v. Roth
| Citation | 1997 SD 75,565 N.W.2d 782 |
| Decision Date | 25 March 1997 |
| Docket Number | No. 19723,19723 |
| Parties | Clarence T. ROTH, Plaintiff and Appellee, v. Alice E. Thomas ROTH, Petitioner and Appellant. . Considered on Briefs |
| Court | Supreme Court of South Dakota |
Thomas E. Alberts, Avon, for plaintiff and appellee.
Lee R. Burd and Shelley R. Wieck, Sioux Falls, for petitioner and appellant.
¶1 Alice E. Roth (Alice) appeals the trial court's judgment denying her claim against Clarence T. Roth (Clarence) for division of property. We reverse.
¶2 Clarence and Alice were married on June 22, 1985. Clarence was sixty-eight years old and Alice was forty-seven years old at the time. On June 10, a few days before they married, they entered into an antenuptial agreement which is the center of this dispute and reads as follows:
THIS AGREEMENT, made and entered into this 10th day of June, 1985, by and between Clarence T. Roth of Parkston, South Dakota, and Alice E. Thomas of Parkston, South Dakota.
WHEREAS, the parties do contemplate legal marriage under the laws of the State of South Dakota; and WHEREAS, it is their mutual desire to enter into this Agreement whereby they will regulate their relationships toward each other with respect to the property each of them owns and which each of them has an interest in; and
WHEREAS, both are severally possessed of real and personal property in his and her own right, and each have children by former marriages, and it is desired by the parties that their marriage shall not in any way change their legal right or that of their children and heirs in the property of each of them.
NOW, THEREFORE, it is AGREED as follows:
1. That all property of any kind or nature, real, personal or mixed, wherever the same may be found, which belongs to each party, shall be and forever remain the personal estate of said party, including all interest, rents and profits which may accrue therefrom.
2. That each party shall have at all times the full right and authority, in all respects the same as each would have if not married, to use, enjoy, manage, convey, and encumber such property as may belong to him or her.
3. That each party may make such disposition of his or her property as the case may be, by gift or by Will during his or her lifetime as each sees fit; and in the event of the decease of one of the parties, the survivor shall have no interest in the property of the estate of the other, either by way of inheritance, succession, family allowance or homestead or elective share. This waiver is made pursuant to SDCL 30-5A-4 and laws amendatory thereto, after fair disclosure.
4. It is agreed that in case either of the parties desires to mortgage or sell his or her real or personal estate, each will join in the deed of conveyance or mortgage as may be necessary to make the same effectual.
5. Each party shall be responsible to pay for his or her own medical expenses and medical insurance on their persons.
6. It is agreed that in the event that the parties reside in Clarence T. Roth's house located 1 1/2 miles east of Parkston, South Dakota, and in the event that Clarence T. Roth predeceases Alice E. Thomas, she shall have the right to live and remain in the home of Clarence T. Roth for a period of one (1) year from the date of his death.
In the event that the parties desire to live in Alice E. Thomas' house location in Parkston, South Dakota, and in the event that she predeceases Clarence T. Roth, he shall have the right to remain and live in her house for the period of one (1) year from the date of her death.
7. This Agreement is to become effective only upon the date of the marriage of the parties.
8. This Agreement shall be binding upon both of the parties hereto and their respective heirs, legal representatives, and assigns.
9. It is further agreed that this Agreement is entered into with the full knowledge on the part of each party as to the extent and probable value of the estate of the other and of the rights confirmed by law upon each in the estate of the other by virtue of said proposed marriage, but it is their desire that their respective rights to each other's estate shall be fixed by this Agreement.
WHEREFORE, both parties have hereunto set their hands and affixed their seals the day and year hereinbefore written.
¶3 Prior to the execution of the antenuptial agreement, Clarence and Alice consulted with Clarence's attorney. Alice also sought advice of counsel on her own regarding her interest in the antenuptial agreement. The parties are now disputing whether the antenuptial agreement applies in the event of a divorce between Alice and Clarence. While Alice and her attorney claim the applicability of the agreement to divorce proceedings was never discussed, Clarence and his attorney maintain otherwise. 1
¶4 Approximately ten years later, on November 17, 1995, Clarence filed for a divorce. He claimed irreconcilable differences developed between the parties, or, in the alternative, Alice engaged in conduct constituting extreme mental cruelty. Alice answered the complaint by denying Clarence's accusations. She also filed a counterclaim, asserting that Clarence persisted in conduct amounting to extreme cruelty, and that the parties had no agreement regarding the division of assets between them in the event of a divorce. Clarence replied, arguing Alice's counterclaim failed to state a cause of action upon which relief may be granted. On May 24, 1996, Clarence filed a motion for summary judgment on Alice's counterclaim based upon the antenuptial agreement entered into between Clarence and Alice.
¶5 The trial court found that the antenuptial agreement is "ambiguous in the event of the parties' divorce, however, applying the rules of construction to the Agreement, the parties hereto intended the Agreement dated June 10, 1985, to be effective and controlling upon the parties in the event of divorce." Concluding that the agreement is valid, the trial court denied Alice's claim for division of property.
¶6 Alice appeals the trial court's denial of her claim, raising the following issues:
I. Whether an antenuptial agreement that does not specifically address the issue of divorce is controlling in a divorce cause of action.
II. Whether an antenuptial agreement that does not fully disclose the nature and extent of the parties' assets is controlling.
¶7 Although a summary judgment motion was filed by Clarence, the trial court reviewed the file, received testimony by the parties, heard arguments by counsel at a motion hearing, and denied Alice's counterclaim. In doing so, the court issued findings of fact and conclusions of law. " 'Since summary judgment presupposes there is no genuine issue of fact, findings of fact and conclusions of law are unnecessary.' " Continental Grain Co. v. Heritage Bank, 1996 SD 61, p 15, 548 N.W.2d 507, 511 (quoting Piner v. Jensen, 519 N.W.2d 337, 339 (S.D.1994) (quoting Wilson v. Great N. R.R. Co., 83 S.D. 207, 211, 157 N.W.2d 19, 21 (1968))). Having made factual determinations as well as legal conclusions based on evidence from both parties, the trial court's findings of fact are reviewed under a clearly erroneous standard, and its conclusions of law are reviewed de novo. City of Colton v. Schwebach, 1997 SD 4, p 8, 557 N.W.2d 769, 771.
¶8 I. Applicability of the Antenuptial Agreement.
¶9 Alice argues that the antenuptial agreement contains no reference regarding the distribution of property in the event of a divorce, separation, or termination of the marriage by any other legal proceedings. Rather, the focus of the agreement is on the distribution of property upon the death of one of the parties. Clarence responds by noting that the trial court found the agreement to be ambiguous and thus applied the rules of contract construction, whereby the intent of the parties is interpreted.
¶10 The antenuptial agreement provides that "it is desired by the parties that their marriage shall not in any way change their legal right or that of their children and heirs in the property of each of them." Further, it contains various provisions regarding the treatment of property upon one party's death. However, there is no provision in the agreement in which the words divorce, alimony, or property settlement are mentioned.
¶11 Alice claims that there was no intention that the agreement provide for the circumstance of divorce. Alice's attorney stated that the agreement dealt only with death in view of the fact there was no mention in the proposal that it apply in the event of a divorce. Her attorney stated the parties understood the agreement was for inheritance purposes. In fact, the sole suggestion by Alice's lawyer was to include in the agreement a reference to SDCL 30-5A-4, pertaining to the waiver of the elective share upon the death of a spouse. Alice testified that she and Clarence had no discussion concerning the effect of a divorce and she never thought of such an occurrence. On the other hand, Clarence's attorney testified that, when discussing with Alice and Clarence the antenuptial agreement, he mentioned it covers a divorce situation. Yet, the undisputed fact remains the agreement does not state what would happen in the event of a divorce, notwithstanding the testimony of Clarence's attorney, who drafted the agreement.
¶12 The trial court found the testimony of Clarence's previous attorney to be "very credible," and incorporated his testimony into its findings of fact. Specifically, the trial court found the agreement is
ambiguous and based on the testimony the Court determines that [Alice and Clarence] intended the [agreement] to be effective and controlling in the event of a divorce and which intention is manifested by the actions of [Alice and Clarence] prior to the marriage and during the marriage in maintaining separate assets....
¶13 However, settled law elsewhere clearly indicates "an agreement that did...
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