In re Marriage of Harr

Summary

The Montana Supreme Court reviewed a dissolution decree involving temporary maintenance, division of marital property, and valuation of the parties’ Trego, Montana, residence. The court affirmed the temporary-support rulings but held that the district court abused its discretion by valuing the primary marital asset as of trial rather than considering its value at distribution after an extraordinary 28-month delay. The decree was reversed and remanded solely for reassessment of the Trego property and the resulting marital-estate distribution and cash equalization payment.

Holdings

1. Joan did not expressly waive or disclaim her right to a share of the equity in the Trego property, and the District Court did not abuse its discretion in rejecting Daryl's argument.
2. The District Court did not abuse its discretion in awarding Joan temporary support or denying Daryl's first motion to modify that award.
3. The District Court abused its discretion by valuing the Trego property at the time of trial rather than reassessing its value and the resulting equalization payment at the time of distribution, given the twenty-eight-month delay and the property's foreclosure and lien status.

Questions Presented

1. Whether Joan disclaimed any interest in the Trego residence and land.
2. Whether the District Court abused its discretion by awarding temporary maintenance and denying Daryl's first motion to modify the temporary-support order.
3. Whether the District Court properly valued and apportioned the Trego property and the marital estate after the twenty-eight-month delay between trial and decree.

Disposition

reversed_and_remanded