Williams v. Williams, 9832

• Decision Date: 24 February 1981
• Docket Number: No. 9832,9832
• Citation: 302 N.W.2d 754
• Parties: Charla R. WILLIAMS, Plaintiff and Appellant, v. Warren R. WILLIAMS, Defendant and Appellee. Civ.
• Court: North Dakota Supreme Court

Page 754

302 N.W.2d 754

Charla R. WILLIAMS, Plaintiff and Appellant, v. Warren R. WILLIAMS, Defendant and Appellee.

Civ. No. 9832.

Supreme Court of North Dakota.

Feb. 24, 1981.

Gregory B. Stites, of Pope & Stites, Jamestown, for plaintiff and appellant.

Daniel E. Buchanan, Jamestown, for defendant and appellee.

VANDE WALLE, Justice.

Charla Williams sought and was granted a divorce from Warren Williams on the ground of irreconcilable differences. She appeals from portions of the decree of the district court of Stutsman County, contending that the division of property is inequitable and clearly erroneous. We reverse and remand.

Charla and Warren were married at Jamestown, North Dakota, on June 1, 1974. Their only child, a daughter, was born approximately four months before the divorce was granted.

Upon graduation from high school in 1972, Warren began renting farmland from his grandfather. At the time of the marriage, Warren owned a pickup truck, a 1973 Dodge automobile, some hay, and 50 cows and 2 bulls for which he was indebted approximately one-half of their purchase price. Although the individual cows and bulls were sold periodically and the hay was used during the period of the marriage, the hay and livestock were replaced so that at the time of the divorce the quantity of both was approximately the same as at the time of the marriage.

During the course of the marriage Warren and Charla accumulated various items of personal and real property. A significant portion of this property was 635 acres acquired from Warren's grandfather under a contract for deed with the purchase price of $200,000. Several outbuildings were on this land at the time of the divorce, although it is not clear from the record whether these buildings were on the property at the time of purchase or whether they were placed there by the Williamses subsequent to the marriage. A home, built and furnished by the Williamses, became part of the farmsite. At the trial, both Charla and Warren agreed that the market value of the land, house, and the outbuildings was approximately $285,000. In addition to the farm and buildings, items essential to the operation of the farm were purchased by the couple. These items included a tractor, a loader, a new pickup truck, and one-fourth interest in a haybuster.

The acquisition of this substantial amount of property was accompanied by a corresponding indebtedness. Evidence submitted by Charla indicated this indebtedness at the time of the divorce to be approximately $208,000. Evidence offered by Warren put the couple's liabilities at approximately $221,000.

While Warren assumed most of the duties regarding operation of the farming business, Charla worked in Jamestown as a secretary. At the time of the divorce Charla was earning a gross of $650 per month. Her net pay at that time was $499.46 per month. She also testified that in addition to her job as a secretary she assisted with the farming operation by occasionally driving a tractor, picking up machine parts in town, and helping deliver calves during calving season. These duties were carried on along with the planning and preparation of meals and general housekeeping chores. In addition, Charla has completed two years of study at Jamestown College. Some of Charla's college credits were earned prior to the marriage, although the record is not clear as to just how many.

Approximately midway through Charla's pregnancy Warren indicated to her that he did not love her, never had loved her, and that he wanted a divorce so that he could marry his former girlfriend. After an attempt at reconciliation Charla initiated this divorce action.

At the trial, both Charla and Warren submitted exhibits reflecting what they believed to be the net worth of the parties. Charla estimated this net worth to be approximately $210,341.56. ¹ Warren set the figure at approximately $115,823.33. The court awarded to Warren the farmland and buildings, 2 pickups, the livestock, and farm machinery and tools, all subject to the liabilities thereon. In addition, Warren was awarded the stored grain, certain items of household furnishings, and his personal possessions and effects. Charla was awarded custody of the child, child support of $200 per month, $200 per month alimony for a period of 13 years, the 1973 Dodge automobile, certain household furnishing, and her personal possessions and effects.

The only issue raised by Charla in this appeal is whether or not the trial court made an equitable division of the couple's property.

This court's position that a trial court's determination on matters of alimony and property division are treated as findings of fact is too well established to require citations to authority. Our task is to look at these findings in an effort to determine whether or not they are clearly erroneous. N.D.R.Civ.P. 52(a). A particular finding of fact is clearly erroneous when, although there is some evidence to support it, the reviewing court on all the evidence is left with a definite and firm conviction that a mistake has been made. Nastrom v. Nastrom, 284 N.W.2d 576 (N.D.1979). Simply because we might have viewed the evidence differently, had it been presented to us initially as the trier of fact, does not entitle us to reverse the trial court. Bender v. Bender, 276 N.W.2d 695 (N.D.1979).

As we have done so often in the past, we again set forth the approach the trial court is to take in its effort to arrive at an equitable distribution of marital property in a divorce action. There exist no set rules a trial court must follow in arriving at this distribution. For instance, there is no requirement that a property division in a divorce case be equal in order to be equitable. Hoge v. Hoge, 281 N.W.2d 557 (N.D.1979).

While no specific rules for the distribution of property exist, N.D.C.C. Section 14-05-24 provides certain guidelines for the trial court:

"14-05-24. Permanent alimony Division of property. When a divorce is granted, the court shall make such equitable distribution of the real and personal property of the parties as may seem just and proper, and may compel either of the parties to provide for the maintenance of the children of the marriage, and to make such suitable allowances to the other party for support during life or for a shorter period as to the court may seem just, having regard to the circumstances of the parties respectively. The court from time to time may modify its orders in these respects."

In light of this section this court has sanctioned awards based upon the guidelines enumerated in Ruff v. Ruff, 78 N.D. 775, 52 N.W.2d 107 (1952), and Fischer v. Fischer, 139 N.W.2d 845 (N.D.1966), commonly referred to as the "Ruff-Fischer Guidelines." These guidelines allow a trial court to consider the respective ages of the parties to the marriage; their earning abilities; the duration of the marriage and the conduct of each 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 and its income-producing capacity, if any, and whether it was accumulated or acquired before or after the marriage; and such other matters as may be material. Nastrom v. Nastrom, supra.

The particular findings of fact around which this appeal revolves state:

"VII.

"During the course of the marriage, certain lands were used for conducting a farm operation, and for residential purposes. The lands are owned by the defendant's grandfather, but are being sold to the defendant on a contract for deed. In addition to the balance owed on the contract for deed, the defendant has additional monies owing to FHA, which funds were borrowed for the down payment on the contract. The Court finds that the defendant is to have sole and absolute ownership and control of these lands, and will be solely obligated to pay the obligations now against the lands, and debts arising from the farming operation.

"VIII.

"The parties acquired certain personal property and household goods during their marriage, and it was agreed that the following division was fair: (in addition to personal possessions and effects)

"To the plaintiff:

"1973 Dodge automobile

"Black and silver chair and footstool

"Bedroom set

"Table and six chairs

"Stereo

"Kirby vacuum

"Heating pad

"Calculator

"Deacons bench

"To the defendant:

"Livestock and farm equipment

"Vehicles

"Stored grain

"Farm tools

"Couch

"Recliner chair

"Kitchen appliances

"Washer and Dryer

"Pool table

"Water softener

"Gold plaid chair

"Pots & pans

"Kitchen utensils

"IX.

"The Court finds that the plaintiff will need support and maintenance from the defendant for a number of years so that she may re-establish herself as a single parent, and so that she may continue her education to achieve stated vocational and educational goals. To that end, the Court finds that the defendant is able to pay her alimony in the sum of $200.00 per month for a period of 13 years, beginning on March 1, 1980, or until the sum of $31,200.00 has been paid in full to the plaintiff for alimony. In addition, defendant is able to pay $300.00 toward attorney's fees incurred by the plaintiff in this action."

Regarding the awarding of alimony, N.D.C.C. Section 14-05-24 provides that the determination of whether or not such an award is to be made lies within the power of the trial court. However, regarding the division of property, that section compels a...