Section 29.14 A Formula Approach

• Library: Family Law Deskbook and 2014 Supp

c. (§29.14) A Formula Approach

In a later case, the court adopted a different approach. The unmarried cohabitants in Brooks v. Kunz, 597 S.W.2d 183, 186 (Mo. App. E.D. 1980), owned both Missouri real estate and a Montana contract for deed in their joint names, as husband and wife. At the trial, the evidentiary record was not clear as to the amount of each party’s financial contributions to the properties. In particular, the woman’s domestic services contributed in the relationship were described but not valued in any way. In its initial decision, the trial court determined that each party had an undivided one-half interest in both properties. The appellate court reversed and remanded for a new trial to adduce more specific evidence of each party’s contribution to the properties. The appellate court confirmed that the woman, by reason of her domestic services, “had an interest which would entitle her to partition the farm and the contract.” Id. at 186.

On remand, in Brooks v. Kunz, 637 S.W.2d 135 (Mo. App. E.D. 1982) (Brooks II), after a further evidentiary hearing, the trial court found that:

· the man had contributed all funds for the purchase of the property;

· any household services rendered by the woman were gratuitous because of her “family relationship” with the man; and

· no express or implied contract existed between the parties as to the division of the property.

Consequently, the trial court awarded the entire property to the man. In determining the extent of the woman’s contributions, the trial court disregarded her joint and several liability on the purchase money promissory note secured by the property.

Again, the trial court was reversed on appeal. The appellate court determined that the woman’s execution of a promissory note and deed of trust constituted a distinct contribution on her part to
the purchase of the property. Accordingly, any determination of a party’s respective property rights requires recognition of the contribution. The appellate court spelled out very specific computations to determine the competing interests of the unmarried cohabitants in Brooks II, 637 S.W.2d 135, which can be expressed as follows:

I.

Cash Contribution + (1/2 of mortgage) = fractional interest

Purchase Price

II.

[(Net sales proceeds*) x fractional interest] + [mortgage

payment - (1/2 of mortgage)] = party’s net share of proceeds

*Net sales proceeds means sale proceeds reduced by appropriate adjustments, e.g., attorney fees in partition of proceeds.

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