In re the Marriage of: David Rodman Ash and Bree Elliot

Kalispell, Montana family law lawyers represented husband and wife in a divorce.





Ash and Elliot married on July 1, 2015. They separated on June 15, 2022, and their divorce was finalized on July 13, 2023. The seven-year union was the second marriage for both, and each had two adult children from previous relationships. At the time of dissolution, Ash was 65 years of age and Elliot was 62 years of age.



Ash and Elliot married on July 1, 2015. They separated on June 15, 2022, and their divorce was finalized on July 13, 2023. The seven-year union was the second marriage for both, and each had two adult children from previous relationships. At the time of dissolution, Ash was 65 years of age and Elliot was 62 years of age.



Ash is self-employed in the land management and property caretaking field. Ash also has expertise in designing and building custom log homes and furniture.





The parties stipulated to much of the distribution of the marital estate, including premarital assets, personal property, and vehicles. Following a one-day bench trial on June 8, 2023, the District Court issued its Findings of Fact, Conclusions of Law, and Decree of Dissolution on July 13, 2023, awarding 80% of the value of the Eastman Property to Elliot and 20% to Ash. The order provided Ash had 30 days to buy out Elliot's interest and, if he was unable to secure financing, Elliot then had the same opportunity to buy out Ash's interest. Ash moved to amend the decree, arguing the distribution of the Eastman Propery was inequitable. The court denied this motion on October 2, 2023.



Ash then appealed.



In re David Rodman ASH, 2024 MT 273, DA 23-0632 (Mont. Nov 19, 2024)

Reversed and remanded