In re Marriage of Howard

Summary

The Montana Supreme Court affirmed a district court's property distribution in the dissolution of Lester and Sharon Howard's marriage. The court upheld the treatment of Lester's inheritance, exclusion of Sharon's condominium and business assets from the marital estate, and denial of Lester's motion to reopen the hearing for additional testimony. Justice Jim Rice dissented regarding the treatment of the inherited cabin and Sharon's business account.

Holdings

1. The District Court did not abuse its discretion by including portions of Lester's inheritance in the marital estate and awarding Sharon 20 percent of the value of the Neihart cabin. Under Montana law, the court may consider the other spouse's contributions to property acquired by inheritance, including contributions facilitating its maintenance.
2. The District Court did not abuse its discretion by excluding Sharon's condominium from the marital estate.
3. The District Court did not abuse its discretion by awarding each spouse the business property in that spouse's possession or titled in that spouse's name, including Sharon's business checking account.
4. The District Court did not abuse its discretion by denying Lester's motion to reopen the hearing for redirect examination and rebuttal testimony because the proposed testimony did not concern new matters raised by the opposing party.

Questions Presented

1. Whether the District Court abused its discretion by including portions of Lester's inheritance in the marital estate.
2. Whether the District Court abused its discretion by excluding Sharon's condominium from the marital estate.
3. Whether the District Court abused its discretion by excluding Sharon's business as an asset of the marriage.
4. Whether the District Court abused its discretion by denying Lester's motion for further testimony, redirect examination, and rebuttal testimony.

Disposition

affirmed