# In Re the Marriage of Herron

> Montana Supreme Court · March 9, 1980 · 186 Mont. 396

URL: https://www.frixlaw.com/law-library/cases/9507264

## Case

- **Full name:** In Re the Marriage of PAUL W. HERRON, Petitioner and Respondent, and SHARON M. HERRON, Respondent and Appellant
- **Court:** Montana Supreme Court
- **Decided:** March 9, 1980
- **Citations:** 186 Mont. 396; 608 P.2d 97
- **Precedential status:** Published
- **Opinion:** Concurring in part by Sheehy
- **Judges:** Harrison, Sheehy, Haswell, Daly, Shea
- **Cited by:** 61 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9507264

## Opinion text

*409 MR. JUSTICE SHEEHY,
concurring in part and dissenting in part:
I must respectfully dissent from the majority in concluding that the gifts from the wife’s father to the couple must be counted as the wife’s contribution in dividing the marital estate. The record shows that the gifts were made irrevocably to the couple. That being so, ownership of one-half of the gifts was vested in the husband at the time of the gifts. It may be in the light of after-events that the father would not have made those gifts to the husband had the father known what was in the future, but we cannot cure that with our hindsight. This Court is in no better position to reverse the ownership of the gifts than the father’s executor would be. We might wish it otherwise, but that is the law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9507264. Public record. Not legal advice.