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Minakami v. Ninakami2/7/2003
Defendant-Appellant/Cross-Appellee Melvin Tooru Minakami (Melvin) appeals from the following actions by the Family Court of the First Circuit Court entered on February 20, 2001: (1) "Findings of Fact, Conclusions of Law, and Order Granting Plaintiff's Motion for Award of Costs and Attorneys' Fees Pursuant to Rule 68, Hawaii Family Court Rules and Judgment" and (2) "Decree Granting Absolute Divorce and Awarding Property Division" (Divorce Decree).
Plaintiff-Appellee/Cross-Appellant Marjorie Ann Minakami (Marjorie) cross-appeals from the Divorce Decree.
We affirm in part, vacate in part, and remand with instructions.
BACKGROUND
The relevant events occurred as follows:
April 6, 1999 Marjorie filed a complaint for divorce .
January 8-9, 2001 Judge Darryl Y. C. Choy conducted the trial.
February 20, 2001 The court entered its "Findings of Fact, Conclusions of Law, and Order Re: Divorce Trial," in relevant part, as follows:
FINDINGS OF FACT
1. The parties were married on June 6, 1987.
2. The parties separated in October 1998.
4. . . . This is only a property division case.
6. [Marjorie] is presently 65 years old and began receiving Social Security benefits last year. [Melvin] is presently 60 years old and will be receiving Social Security benefits in the future.
7. The major asset of this marriage is the residence of the parties located at 44-341 Kaneohe Bay Drive, Kaneohe, Hawaii 96744.
9. Prior to the marriage of the parties, in 1987 [Marjorie's] former husband bought out her interest in real property in which [Marjorie] and her former husband had a joint interest. [Marjorie] used $50,000 of the proceeds of this buy-out, after the parties were married, to purchase a property in Flagstaff, Arizona, for $29,000 in 1987 and to pay for marriage and honeymoon expenses for the parties in 1987. The Flagstaff, Arizona, property was eventually sold in 1994, and proceeds of this sale were used to help fund [Melvin's] lawsuit against his former employer, Raytheon Services Nevada. This lawsuit was eventually settled in 1994, and the proceeds from the lawsuit were used in part to pay off the balances on the first and second mortgages on the parties' residence.
10. In 1991, [Marjorie] received approximately $11,000 from a personal injury lawsuit, and this sum was used to pay down the second mortgage on the parties' residence.
11. In May 1987, just prior to the marriage of the parties in June 19 7, the parties entered into a purchase agreement whereby [Marjorie] agreed to purchase a one-half interest in the parties' residence, which at that time was owned solely by [Melvin]. Under the terms of the agreement, [Marjorie] was to pay $57,475, being one-half of the then outstanding mortgage balance, on a monthly basis as mortgage payments were due, and [Marjorie] was to pay the balance due of $9,825 within five years after the mortgage was paid off, or in such longer time as agreed by [Melvin]. Once the parties were married, the first mortgage was paid with the joint earnings of the parties. A portion of the second mortgage was paid, as noted above, with the proceeds of [Marjorie's] personal injury lawsuit, and the outstanding balances on the first and second mortgage were paid off with the proceeds of [Melvin's] lawsuit, also as noted above.
12. As to [Marjorie's] Oppenheimer Acct. . . . , $2,200 of this account was funded by money [Marjorie] brought into the marriage.
13. As to [Marjorie's] Polaris mutual fund accounts, $10,000 of this account was funded by money inherited by
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