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High court affirms division of marital property
On Nov. 30, 2017, the CNMI Supreme Court issued its opinion in Rose Ann Dela Cruz v. Elden C. Dela Cruz, 2017 MP 11. Oral arguments in this matter were held at Northern Marianas College as part of the Judiciary’s Judges and Justices in the Classroom program. The high court affirmed the trial court’s judgment on division of marital assets.
Husband Elden C. Dela Cruz appealed the judgment following his divorce from wife Rose Ann Dela Cruz. He argued the trial court erred by (1) awarding title of the marital home and lot to his wife while awarding him a credit in the amount of half the appraised value of the home and lot; (2) incorrectly calculating parties’ contributions to the marital debt; (3) failing to distribute a Toyota T100 pickup truck as a marital asset; and (4) assessing an incorrect value of firearms considered marital property.
In its review, the high court determined the trial court did not abuse its discretion when it awarded Dela Crua credit in the amount of one-half the value of the home and property to offset against other marital property or debt he may owe a share of, rather than forcing a sale of the home. The high court further determined there was no abuse of discretion in calculating the marital debt. The court declined to consider additional evidence about the marital debt on appeal, noting its role is not to re-weigh the evidence, and parties are generally prohibited from introducing contrary evidence on appeal not introduced in the trial court. The high court also concluded there was no clear error in the decision to not include the T100 pickup truck in the judgment, because no evidence of the truck was presented by the parties. Finally, the high court determined there was no clear error in concluding the firearms were marital property, and no abuse of discretion in accepting the wife’s valuation of the firearms.
As a result, the high court affirmed the judgment. (PR)
