In Re Marriage Of Kin

700 P.2d 591 (1985)

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Nature of the Case

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Facts

Jack and Pamela were married in March 1971 in Mexico. They resided in California and in 1977 they moved to Montana. They had two children born in 1971 and 1973. They separated in June 1980, and the court dissolved their marriage in June 1981. The court awarded each party the personal property then in their possession and gave the house to Pamela. Jack was disappointed and asserted that the court's findings of fact were not supported by substantial evidence. The main areas of contention are that the court decided that the house should not be sold for both the needs of the children and the financial gain to be realized. Jack contends that the division of property should be separate from and not contingent upon child support. The trial court found that a substantial hardship would be imposed upon the children if they were to vacate the family home and it was sold. The court also found that the expense of the sale would take a disproportionate amount of the marital assets needed for child support. The court also found that it would be in the best interests of the children to continue to reside in the family home. Jack appealed.