Brooks v. Brooks

25 Citing cases

  1. Lang v. Lang

    741 P.2d 1193 (Alaska 1987)   Cited 27 times
    Vacating and remanding where trial court "gave no indication of which, if any, of the Merrill factors [codified and expanded in AS 25.24.160(a)(4)] it weighed in deciding that its allocation was `fair and equitable'"

    The superior court has broad latitude in making property divisions in divorce proceedings. Brooks v. Brooks, 677 P.2d 1230, 1232 (Alaska 1984); Bussell v. Bussell, 623 P.2d 1221, 1222 (Alaska 1981). We will not disturb such a division absent a showing of abuse of discretion, Crume v. Crume, 378 P.2d 183, 186 (Alaska 1963); that is, a showing by the aggrieved party that the division was clearly unjust.

  2. Laing v. Laing

    741 P.2d 649 (Alaska 1987)   Cited 68 times
    Holding that nonvested pension was marital property because purpose of benefits was to provide deferred compensation for services already rendered, rather than looking to contingent nature of benefit

    In making this determination, the trial court should consider, though not necessarily exclusively or exhaustively, the factors set out in Merrill v. Merrill, 368 P.2d 546, 547 n. 4 (Alaska 1962). See also Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984). With the exception of Kenneth's retirement plan, the parties in this case stipulated to the characterization of the divided assets as marital property.

  3. McCoy v. McCoy

    926 P.2d 460 (Alaska 1996)   Cited 8 times
    Affirming trial court's finding of significant commingling as not clearly erroneous

    (11) the income-producing capacity of the property.Laing v. Laing, 741 P.2d 649, 652 (Alaska 1987) (citing Merrill v. Merrill, 368 P.2d 546, 547 n. 4 (Alaska 1962); Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984)). This list is not exhaustive; the superior court may consider any other factors it deems relevant to dividing the property.

  4. Money v. Money

    852 P.2d 1158 (Alaska 1993)   Cited 36 times
    Holding that father was not required to contribute to cost of son's hockey camp

    We have remanded cases where the superior court failed to do this. See, e.g. Lang v. Lang, 741 P.2d 1193, 1195-96 (Alaska 1987) (superior court must supply the appellate court with a clear understanding of the basis of its decision); Brooks v. Brooks, 677 P.2d 1230, 1233-34 (Alaska 1984) (remand appropriate where there was nothing in the record to indicate what weight the superior court gave to husband's physical problems). In the present case, the superior court failed to address any of the relevant statutory factors.

  5. Brooks v. Brooks

    733 P.2d 1044 (Alaska 1987)   Cited 82 times
    Holding wife's "limited maintenance and management tasks" relating to apartment complex did not "rise to the level of active interest in the ongoing maintenance, management and control of the property necessary to demonstrate an intent to hold the apartment complex jointly"

    E.g., Anderson v. Anderson, 583 S.W.2d 504 (Ky.App. 1979). In Brooks v. Brooks, 677 P.2d 1230, 1231, 1234 (Alaska 1984), we upheld the trial court's inclusion as a marital asset of two parcels of property that the husband had conveyed to his children without the knowledge or consent of his wife. However, in that case, the husband did not object to the trial court's treatment of the property as a marital asset and we laid down no guidelines or standards.

  6. Gabaig v. Gabaig

    717 P.2d 835 (Alaska 1986)   Cited 32 times
    Stating under AS 34.40.010, “ conveyance intended to hinder, delay or defraud creditors or other persons in their lawful suits is void”

    The court need not make findings as to each Merrill factor, but its findings must provide an adequate basis for the conclusion reached. Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984); Merrill 368 P.2d at 548 n. 10. The primary factors the court should consider are:

  7. Burgess v. Burgess

    710 P.2d 417 (Alaska 1985)   Cited 32 times
    In Burgess v. Burgess, 710 P.2d 417 (Alaska 1985), we concluded that the factors which caused the Wanberg court to determine that the disputed property was marital property — use of the property as joint personal residence and active interest taken by both parties in the management and maintenance of the property — were also present in Burgess.

    On remand, we direct the trial court to rectify this inadequacy in the findings. Compare Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984) (similar inadequacies). This list of factors is not exhaustive.

  8. Novak v. Novak

    Supreme Court No. S-15524 (Alaska Aug. 26, 2015)

    Laing v. Laing, 741 P.2d 649, 652 (Alaska 1987). Davila v. Davila, 908 P.2d 1027, 1032 (Alaska 1995) (citing Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984)). Id. (quoting Lang v. Lang, 741 P.2d 1193, 1195 (Alaska 1987)); see also Lundquist v. Lundquist, 923 P.2d 42, 53-54 (Alaska 1996) (holding there was no error where trial court divided property 50-50 but did not make explicit findings on Merrill factors because "the court's findings, when read in their entirety, demonstrate that the court considered many factors," including specifics about the couple's real property). These findings permit meaningful review.

  9. Engstrom v. Engstrom

    350 P.3d 766 (Alaska 2015)   Cited 28 times
    Using "individual rate" to value retirement medical benefits, which is "the amount the employee would pay if she were required to pay her own premiums to insure only herself"

    In Brooks v. Brooks we concluded that a remand was necessary in part because the superior court had awarded rental property to one spouse without explicitly considering that it would likely generate significant income for her..677 P.2d 1230, 1233–34 (Alaska 1984).However, we find merit in Andy's argument that the superior court gave the businesses' income-producing capacity disproportionate weight when it used that factor as one of two that justified an unequal division in Becky's favor.

  10. Partridge v. Partridge

    239 P.3d 680 (Alaska 2010)   Cited 22 times
    Concluding that the superior court should have considered crediting husband for post-separation debt payments from separate property in the property division

    (I) the income-producing capacity of the property and the value of the property at the time of division.Nicholson v. Wolfe, 974 P.2d 417, 422 (Alaska 1999) (citing Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984)).Id. (citing Merrill, 368 P.2d at 548 n. 10).