Brummer v. Stahl

Summary

The Montana Supreme Court affirmed a judgment dividing assets between former domestic partners who were never married. The Court held that the appellant could not raise a partnership-assets theory for the first time on appeal and that substantial credible evidence supported the District Court's allocation of the parties' property based on their respective contributions.

Holdings

1. The Supreme Court declined to consider Stahl's partnership-assets argument because she did not raise it in the district court and her counsel stipulated that the division would be based on the parties' respective contributions.
2. The district court did not clearly err in dividing the assets because substantial credible evidence supported its judgment and the court properly considered conflicting evidence concerning the parties' payments and contributions.

Questions Presented

1. Whether the district court erred by failing to divide the parties' assets under the law governing partnership assets.
2. Whether the district court clearly erred in evaluating the parties' contributions and dividing the assets.

Disposition

affirmed