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Cases of Interest: Montana
© National Legal Research Group, Inc.

Classification of Assets (full category)

MONTANA: In re Marriage of Hanni, 2000 MT 59, 997 P.2d 760 (2000).
The trial court excluded the husband's profit-sharing plan in his accounting firm from the marital estate when determining equitable division of the marital property.
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MONTANA: In re Marriage of Smith, ___ Mont. ___, 871 P.2d 884 (1994).
The trial court could not include property inherited by the husband during separation in the marital estate, where the wife did not make any contribution to the inherited property.
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MONTANA: In re Marriage of Meeks, ___ Mont. ___, 915 P.2d 851 (1996).
The husband's accrued vacation and sick leave was not a distinct marital asset, but should be added, as per his pension plan, to his term of service for purposes of calculating his pension benefits.
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MONTANA: In re Marriage of Beadle, ___ Mont. ___, 968 P.2d 698 (1998).
A spouse's possible future inheritance may never be included in the marital estate.
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Closely Held Businesses (full category)

MONTANA: Harper v. Harper, ___ Mont. ___, 994 P.2d 1 (1999).
The wife was not entitled to stock shares in a closely held family corporation that had been gifted to the husband by his parents.
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MONTANA: In re Marriage of DeCosse, ___ Mont. ___, 936 P.2d 821 (1997).
The valuation of stock set forth in a shareholder's agreement is presumptively the real value of a shareholder's interest in a closely held corporation if the shareholders have employed an acceptable method of valuation and there is no evidence that the valuation was undertaken in bad faith or for the purpose of avoiding marital or debtor/creditor responsibilities.
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Death of Spouse (full category)

MONTANA: In re Estate of Goick, ___ Mont. ___, 909 P.2d 1165 (1996).
The wife was the surviving spouse for purposes of intestate succession even though the trial court had previously stated that the parties were divorced, because no order had been entered purporting to terminate all marital property rights.
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Division of Property (full category)

MONTANA: In re Marriage of Davis, ___ Mont. ___, 986 P.2d 408 (1999).
The statutory criteria for dividing marital property in a dissolution proceeding is the same whether the marital property was received by gift or by inheritance.
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MONTANA: In re Marriage of Binsfield, ___ Mont. ___, 888 P.2d 889 (1995).
The trial court did not err in ordering an in-kind distribution of the parties' real property.
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Estoppel (full category)

MONTANA: In re Marriage of McNellis, ___ Mont. ___, 885 P.2d 412 (1994).
The husband was estopped from changing his testimony concerning the value of a family investment, where he had all along asserted that the property was worth a certain amount but then sought to revise his estimate at trial.
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Factors in Award (full category)

MONTANA: In re Marriage of Barker, ___ Mont. ___, 870 P.2d 86 (1994).
The fact that the wife single-handedly rescued the marital home from foreclosure supported the court's conclusion that she should be awarded all the equity in the marital home.
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Fraud (full category)

MONTANA: In re Marriage of Miller, ___ Mont. ___, 902 P.2d 1019 (1995).
A dissolution decree may not be set aside based on a motion claiming intrinsic fraud filed more than 60 days after entry of the decree.
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Gifts (full category)

MONTANA: In re Marriage of Davis, ___ Mont. ___, 986 P.2d 408 (1999).
The statutory criteria for dividing marital property in a dissolution proceeding is the same whether the marital property was received by gift or by inheritance.
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Inherited Property (full category)

MONTANA: Stoneman v. Drollinger, ___ Mont. ___, 14 P.3d 12 (2000).
The husband inherited certain property from his grandmother. Portions of this inherited property were sold and used to purchase buffalo.
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MONTANA: In re Marriage of Beadle, ___ Mont. ___, 968 P.2d 698 (1998).
A spouse's possible future inheritance may never be included in the marital estate.
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MONTANA: In re Marriage of Smith, ___ Mont. ___, 871 P.2d 884 (1994).
The trial court could not include property inherited by the husband during separation in the marital estate, where the wife did not make any contribution to the inherited property.
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Interest (full category)

MONTANA: In re Marriage of DeBuff, ___ Mont. ___, 50 P.3d 1070 (2002).
The trial court was not required to consider speculative capital gains taxes which might be due at some future point if the husband sold his share of the marital property. The trial court did not err by refusing to recognize a $120,000 marital asset merely because the husband's income had exceeded his expenses by this amount in a prior tax year.
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Marital Home (full category)

MONTANA: In re Marriage of Barker, ___ Mont. ___, 870 P.2d 86 (1994).
The fact that the wife single-handedly rescued the marital home from foreclosure supported the court's conclusion that she should be awarded all the equity in the marital home.
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Pensions (full category)

MONTANA: In re Marriage of Pfennigs, ___ Mont. ___, 989 P.2d 327 (1999).
The couple's property settlement agreement clearly and unambiguously entitled the wife to 50% of the husband's retirement benefits valued as of the date of the husband's retirement rather than the date of the execution of the agreement.
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MONTANA: In re Marriage of Meeks, ___ Mont. ___, 915 P.2d 851 (1996).
The husband's accrued vacation and sick leave was not a distinct marital asset, but should be added, as per his pension plan, to his term of service for purposes of calculating his pension benefits.
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Personal Injury Awards (full category)

MONTANA: In re Marriage of Doyle, ___ Mont. ___, 929 P.2d 886 (1996).
The husband's alleged misrepresentation of asset values and other facts could not be characterized as fraud upon the court or extrinsic fraud so as to permit relief from judgment.
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Postdecree Proceedings (full category)

MONTANA: In re Marriage of Miller, ___ Mont. ___, 902 P.2d 1019 (1995).
A dissolution decree may not be set aside based on a motion claiming intrinsic fraud filed more than 60 days after entry of the decree.
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Religion (full category)

MONTANA: Ficker v. Ficker, No. ED77871 (Mo. Ct. App. Oct. 23, 2001).
The husband argued that the court impermissibly, in violation of the First Amendment, considered his affiliation with the Church Universal and Triumphant. The appellate court held that while inquiry into religious beliefs per se is unconstitutional.
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Separation (full category)

MONTANA: In re Marriage of Smith, ___ Mont. ___, 871 P.2d 884 (1994).
The trial court could not include property inherited by the husband during separation in the marital estate, where the wife did not make any contribution to the inherited property.
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Stocks (full category)

MONTANA: Harper v. Harper, ___ Mont. ___, 994 P.2d 1 (1999).
The wife was not entitled to stock shares in a closely held family corporation that had been gifted to the husband by his parents.
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Tax Consequences (full category)

MONTANA: In re Marriage of DeBuff, ___ Mont. ___, 50 P.3d 1070 (2002).
The trial court was not required to award postjudgment interest on a monetary award at the statutory judgment rate. It could choose to award interest at a lesser rate, which was reasonable under the facts.
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Valuation of Property (full category)

MONTANA: In re Marriage of Hollow, 2001 MT 308, 2001.MT.0000414 (Mont. Dec. 31, 2001).
The question presented here was whether the lower court erred by assigning no value to the couple's business. In this case, the couple was married in 1976 and separated in 1999. The husband had a Bachelor of Arts degree in secondary education and at the time of the appeal taught at the Riverside Girls Correctional Facility in Boulder, Montana.
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MONTANA: In re Marriage of Neal, ___ Mont. ___, 884 P.2d 789 (1994).
The trial court erred when it valued the family farm by treating as a liability the operating loan debt without also adding in the value of the in-ground crops created through that debt.
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MONTANA: In re Marriage of McNellis, ___ Mont. ___, 885 P.2d 412 (1994).
The husband was estopped from changing his testimony concerning the value of a family investment, where he had all along asserted that the property was worth a certain amount but then sought to revise his estimate at trial.
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MONTANA: In re Marriage of DeCosse, ___ Mont. ___, 936 P.2d 821 (1997).
The valuation of stock set forth in a shareholder's agreement is presumptively the real value of a shareholder's interest in a closely held corporation if the shareholders have employed an acceptable method of valuation and there is no evidence that the valuation was undertaken in bad faith or for the purpose of avoiding marital or debtor/creditor responsibilities.
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