In Re the Marriage Of: Bernita Funk, Petitioner and Appellee, and Kevin Funk, Respondent and Appellant

Summary

The Montana Supreme Court affirmed the district court’s award of a portion of Kevin Funk’s inherited lakefront property, the valuation of that property, and the award of the 2005 Toyota Sienna to June Funk, while remanding for further findings on the statutory factors and the maintenance award. The Court clarified that all property, including inherited assets, must be equitably apportioned and that the three statutory factors are not limits on the court’s discretion.