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Abood v. Abood9/2/2005
marital contributions to the property, and (3) there was a causal connection between the marital efforts and the appreciation. The non-owning party bears the burden of proving the first two elements. If the non-owning party meets its burden, the spouse owning the separate property bears the burden of showing a lack of causal connection between the marital contributions and the property's increased value.
Patrick argues that "Kimberly failed to marshal any evidence to demonstrate the value of Knik Sweeping at the inception of the marriage or the value at the time of marital separation" and that she "thus failed to meet her burden of proof to support a finding of active appreciation during the marriage." But Patrick offered evidence of appreciation during the marriage through his business valuation expert Ronald Greisen, who testified that Knik Sweeping was worth $129,485 at the beginning of the marriage and $304,299 at separation. Patrick worked for Knik Sweeping during the marriage. Furthermore, marital funds were used to purchase sweeping equipment during the marriage. Both the time and funds are marital contributions to the property, satisfying Kimberly's burden. Because Patrick does not argue that there was no causal connection between the marital efforts and the increase in value, the superior court could properly find active appreciation in the amount of $174,814. This is substantially identical to the amount awarded by the superior court.
E. The 2001 Mercedes-Benz
After the couple separated, Kimberly traded in her 2001 Mercedes-Benz for a 2003 Jeep. She received less than fair market value for the Mercedes-Benz, which the parties agree was marital property. The superior court assigned the Mercedes-Benz its Kelley Blue Book value as of the trial date. Patrick argues that this was error, and that the superior court should have assigned the Mercedes-Benz its value as of September 12, 2002, a date near the trade-in date.
Property generally should be valued as close to the trial date as possible.
Recapture is appropriate if a spouse has dissipated or wasted marital property between separation and trial. Recapture is an equitable doctrine, designed to put the parties in the positions they would have been in had the waste not occurred. Kimberly agrees that recapture of some of the Mercedes-Benz's value to the marital estate was appropriate.
Patrick argues that when recapturing the Mercedes-Benz's value, the superior court should have valued the property as of the date of waste. But in this case the Blue Book provides an accurate means of determining the fair market value of dissipated property at the time of trial, when the Mercedes-Benz would have been valued had Kimberly not exchanged it. Using the 2003 valuation leaves Patrick in the same position he would have been in had Kimberly not traded in the Mercedes-Benz.
The superior court did not clearly err in valuing the Mercedes-Benz as of the date of trial rather than as of September 12, 2002.
F. The Mercedes-Benz Rims and Tires
Patrick argues that the superior court erred in not assigning a value to the extra tires and rims for the Mercedes-Benz. Kimberly testified that she traded them for an extended warranty on her new Jeep after separation and before trial.
Due to a lack of evidence, the court was without a reliable method of valuing the tires and rims. Kimberly testified that the warranty that she received for the rims and tires was worth between $1,000 and $1,200, but her testimony on this point appears to have been very uncertain. Patrick argues that a dealer invoice establishes that the rims and tires were worth $3,180 as of
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