In Re Marriage of Hauge v. Hauge
Debt arising from an investment was not a dissipation even though husband had sole control and the investment was made while the parties were separated.
Debt arising from an investment was not a dissipation even though husband had sole control and the investment was made while the parties were separated.
Contribution of attorney fees based upon H paying his attorney for divorce and for unrelated civil matter was designed to make estate whole and usual findings for attorney fees not required.
Sec. 767.275 includes in the marital estate the value of assets which would have been in the marital estate but for waste, gift inadequate exchange or lack of accounting. Nothing could be more relevant to the court’s division of marital assets than the wife’s allegations that the husband’s misrepresentations cause the marital estate to be depleted for his own benefit.
Ex-husband has equitable interest in sale of stock and thus has standing to challenge its sale to prevent waste.
Loss of $45,000 by day trading was waste where husband was unable to give credible information about how and when he lost the money. Court not limited to the one-year time frame in the statute.
Trial court properly excluded from the marital estate the value of three properties which husband choose not to acquire during the divorce. The law does not require a party to a prospective divorce to take advantage of an opportunity to acquire property that would increase the value of the marital estate.
Failure on husband’s part to satisfy tax obligations falls within the definition of marital waste where husband exercised complete control over his business and made the business decisions.
Husband was obligated to disclose gifted land – each party has an obligation to disclose all assets, no matter how acquired.
Trial court properly exercised discretion in finding that husband did not commit waste by selling land for less than appraised value, or by taking one trip a year to Laos (but not more than one) or by withdrawing money from an account.
Court has authority to treat wasted assets as part of the marital estate regardless of whether it occurred within one year of filing.