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Hutt v. Hanson

Supreme Court of Maine

August 11, 2016

KRISTIN (HANSON) HUTT
v.
TODD HANSON

          Submitted On Briefs: July 20, 2016

         Reporter of Decisions

         Belfast District Court docket number FM-2015-13

         On the briefs:

          Steven C. Peterson, Esq., West Rockport, for appellant Todd Hanson.

          Joseph W. Baiungo, Esq., Belfast, for appellee Kristin (Hanson] Hutt.

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          ALEXANDER, J.

         [¶1] Todd Hanson appeals from a divorce judgment entered in the District Court (Belfast, Worth, J.), which ordered, in part, that Kristin (Hanson] Hutt would receive the first $325, 000 in net proceeds upon the sale of any of five parcels of real estate owned by the parties to compensate Hutt for her nonmarital interest in one parcel and her investment of her nonmarital funds to pay off a marital debt. See 19-A M.R.S. § 953(l]-(3] (2015]. Hanson argues that the court erred in not specifically addressing each factor listed in section 953(1], clearly erred in its findings of fact, and abused its discretion in its division of property. Because the record supports the equitable division of marital property ordered by the court, we affirm.

         I. CASE HISTORY

         [¶2] After a contested hearing regarding property division and spousal support issues, the court made the following findings, which are supported by the trial record. See Ehret v. Ehret, 2016 ME 43, ¶ 2, 135 A.3d 101.

         [¶3] When Hutt commenced this action, the parties had been married for about seventeen years. They have two minor children together; parental rights issues were resolved and were not contested at trial. The parties own or have an interest in six parcels of real property: [1] a parcel in Northport containing the marital home; [2] a parcel in Northport next to the marital home consisting of forty-eight to fifty acres of land and containing a garage with an apartment over it ("the carriage house lot"]; [3] property in Old Town owned by a limited liability company [LLC], "of which the parties collectively own 51%"; [4] property in Bucksport owned by a second LLC, which the parties wholly own; [5] property in Lincoln owned by a third LLC, which the parties wholly own; and [6] an undeveloped parcel in Northport, which was a gift to Hutt alone.

         [¶4] Hutt's mother and stepfather conveyed the carriage house lot as a gift to Hutt alone during the course of the marriage. Her stepfather intended that Hutt alone would own the parcel, which was unimproved land when it was transferred. The land, without improvements, is worth $75, 000. Hutt and Hanson improved the land with earthwork and by constructing the garage and apartment.

         [¶5] During the marriage, Hutt received $250, 000 in life insurance proceeds upon her mother's death. Hutt paid off a marital debt related to the property in Bucksport with those funds.

         [¶6] Hutt filed a complaint for divorce in January 2015. The parties attended mediation twice and resolved child-related and some property issues prior to the contested trial. After the trial, the court entered a divorce judgment granting the parties a divorce on the ground of ...


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