Husband and wife married in 2006 and filed for divorce in 2009. Husband built his home in 2003. He took out a construction loan. At trial he testified he had borrowed $25,000 from his dad in 2003 to build the home. He offered an undated note stating that the loan was to be repaid with interest in 2011. Husband made no payments during the marriage. Wife testified that during the marriage Husband stated that he never had to pay his dad back. Husband offered no evidence of the 2006 value of the residence.
The trial court awarded the home to Husband, but refused to deduct the alleged loan. Affirmed by the Supreme Court.
It may have been possible to argue that the $25,000 in value was separate premarital property in the alternative — but not without a 2006 valuation of the home.
Marriage of Chamberlain, 2011 MT 253
