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Swanson v. Swanson6/30/2000
Boise, January 2000 Term
2000 Opinion No. 59
Frederick C. Lyon,
Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. Hon. George D. Carey, District Judge; Hon. Russell A. Comstock, Magistrate Judge.
Appeal from judgment and divorce decree. Affirmed.
NATURE OF THE CASE
This is an appeal from the divorce proceedings of appellant George Swanson (George) and respondent Jeane F. Swanson (Jeane).
I. FACTS AND PROCEDURAL BACKGROUND
A. Facts
The Swansons were married on June 28, 1957. During the marriage, George was employed by the Morrison-Knudson Company (M-K), and Jeane was employed as a teacher by the Boise School District.
From 1963 until 1976, George's father lived rent-free with the Swansons in their community property home. During that time and for several years thereafter, Jeane provided many personal services to George's father. In 1980, George's father made an inter vivos gift to George of 2,684 shares of M-K stock. George sold the stock and invested the proceeds in certificates of deposit. In his will, George's father purported to leave the same M-K stock to George "for the reason that my son has taken me into his home during my last years and has looked after my material needs and comforts."
In 1986, George was terminated by M-K. As part of a termination settlement, George and M-K entered a Consultation Contract and a Release Agreement providing for a lump sum of $225,000 at the time of signing and annual $39,000 installments until 1999, when George would turn sixty-five years of age.
In 1987, George and his sister each inherited from their mother a one-half interest in real property located on Vista Avenue in Boise (the Vista Property). George purchased his sister's interest in the Vista Property by transferring to her his separate property interest in real property located in McCall, Idaho, in addition to the proceeds from a secured $25,000 loan that George obtained from ABC Bank. George paid this loan later in 1987 with the proceeds from the M-K settlement.
B. Procedural Background
Jeane filed an action for divorce on January 30, 1992. Judge Thomas F. Neville ruled that the M-K stock and its proceeds were George's separate property, but that the community was entitled to $133,118.99 of the stock proceeds as reimbursement from George for services provided to George's father. The trial court imposed a constructive trust in that amount on George's separate property. The trial court also ruled that the M-K settlement proceeds were community property. The trial court also ruled that the community had paid George's $25,000 separate debt to ABC bank, and that the community was entitled to reimbursement with interest at 12% from the date of payment. The trial court also ruled that the community was entitled to reimbursement for capital gains taxes paid on the sale of the M-K stock plus interest from the date of payment. The trial court entered a judgment and decree of divorce on March 1, 1994.
On appeal to the district court, several of the trial court's rulings, including that the M-K settlement proceeds were community property, were affirmed. The judgment was partially vacated, however, to the extent that it reimbursed the community for the value of services provided to George's father, to the extent it awarded prejudgment interest on the reimbursement for the services provided to George's father, and to the extent it imposed a constructive trust upon George's separate property. The district court also ordered the trial court to reconsider its award of prejudg
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