Musland v. Musland

Citations

• 2024 ND 77

Syllabus

A marital distribution does not need to be equal to be equitable, and while assessing a property division, a district court may consider the importance of preserving the viability of a business operation like a family farm. Liquidation of an ongoing farming operation or business is ordinarily a last resort. A district court property division granting one party a net estate of $3,224,357 while assigning them virtually no debt, and the other a net estate of $4,961,915 included all of the debt, almost no liquidity, and no retirement funds, was not clearly erroneous. A district court does not need to consider potential tax implications of a property division when the record failed to support a conclusion that the sale of the property was imminent, failed to indicate the tax liability, or quantified a specific liability to the court. A party is not entitled to an accrual of rent for the use of marital property during the pendency of divorce proceedings absent agreement or seeking district court intervention during the interim. Language in a right to first refusal that does not clarify if the right is triggered by a response to \any\ offer made to purchase property or if it is triggered by a party's \acceptance\ of an offer is ambiguous.