In Re Marriage of Winn

*365 Opinion

On this appeal, the husband attacks two portions of the interlocutory decree of dissolution: (1) relating to the division of community property; and (2) the provision for spousal support. We affirm both provisions.

I

The husband, for many years before marriage had been in the horse slaughter and horse auction business. The marriage took place on March 8, 1971. In the fall of 1975 he declared bankruptcy, but thereafter resumed the same business. The trial court found that the business was of the value of $15,000, all community. It gave the business to the husband, requiring him to give to the wife a note for $7,500. He objects to that provision on the unique theory that the trial court lacked power to require a husband, without his consent, to be the purchaser of his wife’s community property. 1 We reject that contention.

(1) In finding that the business and its good will was community property, the trial court acted properly. It was entitled to determine that the value of the business in 1975, when bankruptcy occurred, was zero and that any present value was solely due to the husband’s efforts in reestablishing it after the bankruptcy.

(2) Although at one point…

On this appeal, the husband attacks two portions of the interlocutory decree of dissolution: (1) relating to the division of community property; and (2) the provision for spousal support. We affirm both provisions.

The husband, for many years before marriage had been in the horse slaughter and horse auction business. The marriage took place on March 8, 1971. In the fall of 1975 he declared bankruptcy, but thereafter resumed the same business. (1) The trial court found that the business was of the value of $15,000, all community. It gave the business to the husband, requiring him to give to the wife a note for $7,500. He objects to that provision on the unique theory that the trial court lacked power to require a husband, without his consent, to be the purchaser of his wife's community property. [1] We reject that contention.

(1) In finding that the business and its good will was community property, the trial court acted properly. It was entitled to determine that the value of the business in 1975, when bankruptcy occurred, was zero and that any present value was solely due to the husband's efforts in reestablishing it after the bankruptcy.

(2) Although at…

I concur in the judgment. The trial court’s finding that

the husband’s business was worth $15,000 is supported by a balance sheet prepared by husband’s accountant as of October 31, 1977, showing a net worth of $11,896.12 to which should be added $3,000 cash which had been deposited as a condition of doing business. The assets supporting this net worth were made up of accounts receivable, inventory, prepaid expenses and yard equipment.

The discussion of good will in the majority opinion has nothing to do with this case. The trial court made no finding expressly or by implication that the community property included any good will. The subject was not briefed. Worse yet, the comments of my colleagues on this unbriefed subject misstate the law.

Appellant’s petition for a hearing by the Supreme Court was denied January 3, 1980.