Marriage of Witbart v. Witbart

This case is before this Court a second time. In the first case, Witbart v. Witbart (Mont. 1983), [204 Mont. 446,] 666 P.2d 1217, 40 St.Rep. 994, this Court remanded because of an erroneous determination by the District Court that the Witbarts, in settling property matters during dissolution of marriage, had made a fraudulent conveyance. This Court determined that no fraudulent conveyance could have been made under the circumstances and remanded with instruction that a new trial be had consistent with the principles of law contained within the opinion. One principle of law specifically…