In the Matter of Hilary Buonopane and John Waite ( 2024 )


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  •                     THE STATE OF NEW HAMPSHIRE
    SUPREME COURT
    In Case No. 2023-0625, In the Matter of Hilary Buonopane
    and John Waite, the court on October 2, 2024, issued the
    following order:
    The court has reviewed the written arguments and the record submitted
    on appeal and has determined to resolve the case by way of this order. See
    Sup. Ct. R. 20(2). Because we have not considered documents in the
    respondent’s brief and appendix that were not provided to the trial court, see
    Flaherty v. Dixey, 
    158 N.H. 385
    , 387 (2009), we conclude that the petitioner’s
    motion to strike is moot, see In re Guardianship of R.A., 
    155 N.H. 98
    , 100-101
    (2007) (discussing mootness doctrine). The petitioner’s request for attorney’s
    fees incurred in connection with the motion is denied.
    The respondent, John Waite (husband), appeals the final decree of the
    Circuit Court (Rauseo, J.), following a hearing, in his divorce from the
    petitioner, Hilary Buonopane (wife). He argues that the trial court erred in:
    (1) dividing the marital estate; (2) treating his North Carolina residence as a
    marital asset; and (3) finding him to be in contempt of the court’s anti-
    hypothecation order. We affirm.
    The husband first argues that the trial court did not divide the marital
    estate equitably. “In a divorce proceeding, marital property is not to be divided
    by some mechanical formula but in a manner deemed ‘just’ based upon the
    evidence presented and the equities of the case.” In the Matter of Letendre &
    Letendre, 
    149 N.H. 31
    , 35 (2002). We afford the trial court broad discretion in
    determining matters of property distribution when fashioning a final divorce
    decree. In the Matter of Sanborn & Bart, 
    174 N.H. 343
    , 353 (2021). We will
    not overturn the trial court’s decision absent an unsustainable exercise of
    discretion or an error of law. 
    Id.
     If the court’s findings can reasonably be
    made on the evidence, they will stand. In the Matter of Sanborn, 174 N.H. at
    353.
    Under RSA 458:16-a, II (2018), “an equal division of property is
    presumed equitable unless the trial court decides otherwise after considering
    one or more of the factors designated in the statute.” In the Matter of Silva &
    Silva, 
    171 N.H. 1
    , 11 (2018) (quotation omitted). The trial court need not
    consider all of the enumerated factors or give them equal weight. 
    Id.
    The trial court found that the wife “contributed significantly” to the
    parties’ relationship by taking responsibility “for the care of the house, grocery
    shopping, payment of bills and the mortgage.” The court also noted that,
    before the parties separated, the wife earned a higher income than the
    husband. In addition, the court found that the wife received an inheritance of
    approximately $30,000, which she used predominately for the parties’
    expenses. The husband disputes these findings. We defer to a trial court’s
    judgment on such issues as resolving conflicts in testimony, measuring the
    credibility of witnesses, and determining the weight to be given evidence. In
    the Matter of Aube & Aube, 
    158 N.H. 459
    , 465 (2009).
    The husband also argues the court erred in treating the North Carolina
    real estate as marital property, asserting that the court’s order is contrary to
    North Carolina law. However, New Hampshire law governs this divorce,
    including the definition and division of marital property. RSA 458:16-a, I
    states that “[p]roperty shall include all tangible and intangible property and
    assets, real or personal, belonging to either or both parties, whether title to the
    property is held in the name of either or both parties.” Marital property
    includes any property acquired up to the date of a decree of legal separation or
    divorce. In the Matter of Eckroate-Breagy & Breagy, 
    170 N.H. 247
    , 250 (2017);
    see RSA 458:16-a, I, II.
    The trial court found that the husband purchased the North Carolina
    real estate with his first wife. The husband acquired title to the property before
    the court entered its divorce decree in this case. The court found the fair
    market value of the real estate to be $191,000, the parties’ indebtedness to be
    $101,596.16, and their equity to be $89,403.16. After deducting $6,500 from
    the equity figure to account for the higher value of the vehicle awarded to wife,
    the court awarded her $41,451.58 for her share of the value of the marital
    residence. The court ordered the husband to pay that amount to the wife
    within 90 days, or the house will be sold, and the wife will receive her share of
    the marital estate from the sale proceeds. The husband argues that the court
    erred not only in awarding the wife an equal share of the equity in the real
    estate, but also in requiring him to pay her for her share within 90 days.
    Finally, the husband argues that the trial court erred in finding him to be
    in contempt of the anti-hypothecation order. The contempt power is
    discretionary, and the proper inquiry is whether the trial court unsustainably
    exercised its discretion. In the Matter of Clark & Clark, 
    154 N.H. 420
    , 425
    (2006). The court noted that its order clearly prohibited the parties from
    transferring assets. The court found, and the record supports a finding, that
    on July 17, 2023, while the divorce was pending, the husband transferred 2.8
    acres of real estate to his mother for no consideration. The trial court awarded
    the wife her attorney’s fees incurred in connection with the contempt.
    2
    Based upon our review of the briefs, the relevant law, the record on
    appeal, and the trial court’s thorough and well-reasoned decision, we find the
    husband’s arguments to be unpersuasive, and we affirm the trial court’s
    decree.
    Affirmed.
    MacDonald, C.J., and Bassett, Donovan, and Countway, JJ., concurred.
    Timothy A. Gudas,
    Clerk
    3
    

Document Info

Docket Number: 2023-0625

Filed Date: 10/2/2024

Precedential Status: Non-Precedential

Modified Date: 11/12/2024