In re the Marriage of Funk

Summary

The Montana Supreme Court affirmed the District Court’s post-remand distribution of inherited and other marital property in the dissolution of Kevin and Bernita Funk’s marriage. The court held that the District Court complied with prior remand instructions by considering the statutory property-division factors and awarding Bernita portions of the inherited property in lieu of maintenance. The court also upheld the award of attorney’s fees and costs and issued the decision as a noncitable memorandum opinion.

Holdings

1. The District Court complied with the Supreme Court's remand instructions by considering each factor in § 40-4-202(1), MCA, and by determining the legal basis for awarding Bernita portions of the inherited property.
2. Kevin failed to demonstrate any error or abuse of discretion in the District Court's post-remand property distribution, characterization of the award, or award of attorney's fees and costs.

Questions Presented

1. Whether the District Court complied with the Supreme Court's remand instructions by reconsidering the distribution of Kevin's inherited real property under § 40-4-202(1), MCA.
2. Whether the District Court erred or abused its discretion in awarding Bernita portions of the inherited property and characterizing the award as property in lieu of maintenance.
3. Whether the District Court abused its discretion in awarding Bernita attorney's fees and costs.

Disposition

affirmed