Rebel v. Rebel

SANDSTROM, Justice,

concurring and dissenting.

[¶ 44] Concluding the district court adequately explains the Rebels’ property distribution, I respectfully dissent from that portion of the majority opinion.

[¶ 45] The majority concludes the district court did not adequately justify the disparity in its property division. It states the court “articulated some reasons for granting an unequal distribution” but addresses only the district court’s finding that the farmland was acquired on “very generous terms” from Rodney’s parents. In stating the “distribution was based on an assumption that the difference was $356,769.00,” the majority limits the court’s analysis only to its finding that the land was purchased under favorable terms. The district court, however, made numerous other findings not addressed by the majority.

[¶ 46] The court found Rodney’s health is more problematic than Helen’s. Rodney is recovering from leukemia and suffers from joint degeneration. He receives Social Security disability benefits. The court found Helen is successful in her work, but found, however, Rodney is basically qualified only to be a farmer or rancher. It found Rodney’s health problems allow him to farm because he can control his schedule, which would be unlikely should he have to work outside the farm. Helen has no knowledge of or interest in farming, and if she were awarded livestock or machinery, the assets would be sold. The court found there would be substantial fed*455eral and state tax consequences if the farm property were liquidated.

[¶47] The court found the “fault factor” weighs in favor of Rodney because Helen’s extramarital relationship was established years before she told Rodney. The court found the 2009 farmland acquisition occurred when Helen was “at the very least emotionally estranged from Rodney.”

[¶ 48] Further, the court summarized,
If unequal, a smaller share to Helen could still be equitable because:
1. Her infidelity precipitated the action.
2. All the real estate has been in the Rebel family for generations.
3. In 2009, they purchased a significant portion of the real estate on extremely favorable terms from his parents.
4. An equal split would require liquidation of the assets compromising the farm.
5. This would lead Rodney to lose the only occupation for which he is qualified.

[¶ 49] In addition, the court concluded, “If the Bankruptcy Court finds that the 2009 land transfer was for substantially less than value, Rodney’s share will drastically decrease. That risk, in conjunction with what [h]as been stated about the Ruff-Fis[c]her guidelines, justifies the disparity.”

[¶ 50] Indeed, “[property distribution need not be equal to be equitable, but a substantial disparity must be explained.” Parisien v. Parisien, 2010 ND 35, ¶ 15, 779 N.W.2d 130. I believe the district court’s findings adequately explain the property division.

[¶ 51] I would affirm the judgment.

[¶ 52] Dale V. Sandstrom