Marriage Judith Lee Schwegler v. Herman

In this appeal from a judgment of divorce, Herman Schwegler challenges the trial court's property division between him and Judith Schwegler. He alleges that the trial court committed error by: (1) failing to exclude certain gifted property from the marital estate; (2) failing to consider Herman's contributions to the marriage as a basis for awarding him more than 50% of the estate; (3) relying on the real estate tax assessment for valuation purposes; and (4) failing to consider Judith's pending personal injury action for inclusion in the estate. We reverse and remand that portion of the judgment disposing of the real estate as the trial court did not explain its decision which treated the land and residence as one, despite the undisputed fact that the residence was not gifted with the land. On remand, the trial court will also have an opportunity to determine the character of the appreciation in value of the gifted property. We also reverse and remand for further findings regarding certain gifted personal property and for division of Judith's pending tort action. We affirm the remainder of the judgment.