Burgess v. Burgess, 710 P.2d 417 (Alaska 1985). · Go Syfert
Burgess v. Burgess, 710 P.2d 417 (Alaska 1985). Cases Citing This Book View Copy Cite
65 citation events (8 in the last 25 years) across 6 distinct courts.
Strongest positive: Schuyler v. Briner (alaska, 2000-12-08)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Schuyler v. Briner (2×)
Alaska · 2000 · signal: compare · quote attribution · 2 verbatim quotes · confidence high
stepparent-stepchild relationship imposes no obligations and confers no benefits on either the stepparent or the child.
discussed Cited as authority (verbatim quote) Denali Federal Credit Union v. Lange
Alaska · 1996 · signal: see · quote attribution · 1 verbatim quote · confidence high
fraud is committed when one spouse, without consideration, transfers property to the other in order to place the property beyond the reach of creditors.
discussed Cited as authority (rule) Kim Walker v. James Walker
wvactapp · 2025 · confidence medium
Va. Dec. 7, 2020) (memorandum decision) (affirming decision by lower court that marital residence was marital property despite husband’s deed purporting to convey all his interest in the jointly owned property to wife); Burgess v. Burgess, 710 P.2d 417, 421 (Alaska 1985) (marital residence held to be marital property despite quitclaim deed by wife), cited with approval by Charlton v. Charlton, 186 W.
discussed Cited as authority (rule) Arthur R. Poff v. Pamela A. Poff
wvactapp · 2024 · confidence medium
Va. Dec. 7, 2020) (memorandum decision) (affirming decision by lower court that marital residence was marital property despite husband’s deed purporting to convey all his interest in the jointly owned property to wife); Burgess v. Burgess, 710 P.2d 417, 421 (Alaska 1985) (marital residence held to 11 We do not find Husband’s argument that the lower court changed the burden of proof to require him to prove that he was not of sound mind when he executed his quitclaim deed persuasive.
discussed Cited as authority (rule) John B. Morris v. Andrea L. Morris
Alaska · 2022 · confidence medium
See, e.g., Kessler v. Kessler, 411 P.3d 616, 621 (Alaska 2018); Fortson v. Fortson, 131 P.3d 451, 463-64 (Alaska 2006); Burgess v. Burgess, 710 P.2d 417, 422 (Alaska 1985). 23 See State v. ACLU of Alaska, 204 P.3d 364, 369 (Alaska 2009) (“[T]his court should not issue advisory opinions or resolve abstract questions of law.”). -13- 7587 she believed it was a marital asset.” At trial, Andrea testified that the night she kicked John out of the house, she “left all of his belongings . . . and put them in the garage, and the jewelry was part of it, because I didn’t want anything to do wit…
discussed Cited as authority (rule) Michael C. Hughes v. Dora J. Hughes
Alaska · 2013 · confidence medium
As to the second factor, “[t]o establish ongoing management and maintenance, the non-owning spouse’s ‘participation must be significant and evidence an intent to operate jointly.’ ”15 “[W]here the property at issue is the marital home, different management and maintenance activities may demonstrate an intent to hold the property jointly.”16 We have held varying levels of participation as satisfying the maintenance and management factor.17 In Abood v. Abood we upheld a finding of maintenance and 13 Cox, 882 P.2d at 916 (internal citations and quotation marks omitted). 14 Chase v. …
discussed Cited as authority (rule) Green v. Green
Alaska · 2001 · confidence medium
See Cox v. Cox, 882 P.2d 909, 916 (Alaska 1994), quoted in Harrelson v. Harrelson, 932 P.2d 247, 251 (Alaska 1997) (citing Chotiner v. Chotiner, 829 P.2d 829, 832-33 (Alaska 1992)); McDaniel v. McDaniel, 829 P.2d 303, 306 (Alaska 1992); Burgess v. Burgess, 710 P.2d 417, 420 (Alaska 1985). 13 . 'The oral and written findings contain a minor discrepancy as to whether the bank accounts had a value of $6,906 or $6,907. 14 .
discussed Cited as authority (rule) Bellanich v. Bellanich (2×)
Alaska · 1997 · confidence medium
The trial court's memorandum of decision does not indicate that this factor was taken into consideration. [5] We have ruled that a factor listed in AS 25.24.160(a)(4) should be adverted to by the trial court in dividing the property of the parties where the factor is relevant. [6] See Davila v. Davila, 908 P.2d 1027 , *145 1032 (Alaska 1995) ("[T]he trial court need not make findings as to every factor, nor do these findings need to be exhaustive, but where the parties raise significant issues regarding particular factors, the trial court must address these issues...."); Cox, 882 P.2d at 918-1…
discussed Cited as authority (rule) Harrelson v. Harrelson (2×)
Alaska · 1997 · confidence medium
The relevant factors include: "(1) the use of property as the parties' personal residence, and (2) the ongoing maintenance and managing of the property by both parties," McDaniel, 829 P.2d at 306 (citing Burgess v. Burgess, 710 P.2d 417, 420 (Alaska 1985)), as well as (3) placing the title of the property in joint ownership and (4) using the credit of the non-titled owner to improve the property.
discussed Cited as authority (rule) Dewey v. Dewey (2×)
Alaska · 1994 · confidence medium
DISCUSSION A. Validity of Stepparent’s Agreement to Support Stepchild 2 “At common law, a stepparent-stepchild relationship imposes no obligations and confers no benefits on either the stepparent or the child.” Burgess v. Burgess, 710 P.2d 417, 422 (Alaska 1985).
discussed Cited as authority (rule) Cox v. Cox
Alaska · 1994 · confidence medium
The relevant factors include: “(1) the use of property as the parties’ personal residence, and (2) the ongoing maintenance and managing of the property by both parties,” McDaniel, 829 P.2d at 306 (citing Burgess v. Burgess, 710 P.2d 417, 420 (Alaska 1985)), as well as (3) placing the title of the property in joint ownership and (4) using the credit of the non-titled owner to improve the property.
discussed Cited as authority (rule) Mack v. Mack (2×)
Alaska · 1991 · confidence medium
Id. at 805 (remanding with instructions to include marital debt in division analysis); Burgess v. Burgess, 710 P.2d 417, 419-20, 422-23 (Alaska 1985) (ordering amount owed on mortgage subtracted from value of home to determine portion of home equity available for distribution and remanding with instructions to consider all debts in overall division).
discussed Cited as authority (rule) MacK v. MacK (2×)
Alaska · 1991 · confidence medium
Id. at 805 (remanding with instructions to include marital debt in division analysis); Burgess v. Burgess, 710 P.2d 417, 419-20, 422-23 (Alaska 1985) (ordering amount owed on mortgage subtracted from value of home to determine portion of home equity available for distribution and remanding with instructions to consider all debts in overall division).
cited Cited as authority (rule) Thomas v. Thomas
Alaska · 1991 · confidence medium
Burgess v. Burgess, 710 P.2d 417, 420-21 (Alaska 1985).
examined Cited as authority (rule) Miles v. Miles (4×)
Alaska · 1991 · confidence medium
Cynthia did not contribute to mortgage payments or reside on the properties, cf. Burgess v. Burgess, 710 P.2d 417, 420 (Alaska 1985), nor did she assume any financial risk or work extensively to maintain or manage them.
cited Cited as authority (rule) Lang v. Lang
Alaska · 1987 · confidence medium
Id.; see also Burcell v. Burcell, 713 P.2d 802, 805 (Alaska 1986); Burgess v. Burgess, 710 P.2d 417, 422 (Alaska 1985).
cited Cited as authority (rule) Miller v. Miller
Alaska · 1987 · confidence medium
Burgess v. Burgess, 710 P.2d 417, 422 (Alaska 1985); Carlson v. Carlson,1 722 P.2d at 225 . *167 AFFIRMED in part and REMANDED in part for further proceedings consistent with this opinion. 1 .
discussed Cited as authority (rule) Brooks v. Brooks (2×) also: Cited "see"
Alaska · 1987 · confidence medium
Carlson v. Carlson, 722 P.2d 222, 224 (Alaska 1986); Burgess v. Burgess, 710 P.2d 417, 420-21 (Alaska 1985); Hunt v. Hunt, 698 P.2d 1168, 1171-72 (Alaska 1985); Wanberg v. Wanberg, 664 P.2d 568, 570-71 (Alaska 1983); Vanover v. Vanover, 496 P.2d 644, 647 (Alaska 1972).
discussed Cited "see" Moore v. McGillis
Alaska · 2018 · signal: see · confidence high
See Dewey v. Dewey, 886 P.2d 623, 625 (Alaska 1994) ("At common law, a stepparent-stepchild relationship imposes no obligations and confers no benefits on either the stepparent or the child.” (quoting Burgess v. Burgess, 710 P.2d 417, 422 (Alaska 1985))). 22 .
discussed Cited "see" Yerrington v. Yerrington (In Re Yerrington)
9th Cir. BAP · 1992 · signal: see · confidence high
See Burgess v. Burgess, 710 P.2d 417, 420 (Alaska 1985) (value of equity accumulated during marriage is a marital asset); Wanberg v. Wanberg, 664 P.2d 568 (Alaska 1983) (invasion of separate property of one spouse may be required as a matter of law when spouses have treated separate property as joint holdings during marriage). 5 In summary, Alaska law provides that the divorce court has the power to reorder the pre-dissolution interests of the parties as required for an equitable result, even if this requires the court to invade the pre-marital property of one spouse for the benefit of the oth…
cited Cited "see" Tracy v. Tracy
Mo. Ct. App. · 1990 · signal: see · confidence high
See Burgess v. Burgess, 710 P.2d 417 (Alaska 1985).
cited Cited "see" Moffitt v. Moffitt
Alaska · 1988 · signal: see · confidence high
See Burgess v. Burgess, 710 P.2d 417 (Alaska 1985); Rosson, 635 P.2d at 471 .
discussed Cited "see" Olp v. State (2×) also: Cited "see, e.g."
Alaska Ct. App. · 1987 · signal: see · confidence high
See Burgess, 710 P.2d at 422 .
cited Cited "see" Schanck v. Schanck
Alaska · 1986 · signal: see · confidence high
See abo Burgess v. Burgess, 710 P.2d 417 , 421 n. 6 (Alaska, 1985). 6 .
cited Cited "see" Burcell v. Burcell
Alaska · 1986 · signal: see · confidence high
See Burgess v. Burgess, 710 P.2d 417, 422 (Alaska 1985).
discussed Cited "see, e.g." Hall v. Hall
Alaska · 2018 · signal: see also · confidence low
Turner, Equitable Distribution of Property §§ 5:24, 5:26 (3d ed. 2005) ) ). 12 The superior court's decision appears to include no analysis to support the finding that the lot 9 "property was owned by Adolph and his son." 13 See AS 13.12.502(a)(3) (requiring for witnessed wills two witness signatures of the testator's acknowledgments of or signature on will). 14 See AS 13.06.050(62). 15 See AS 13.12.602 ("A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator's death."). 16 See AS 13.12.101(a) ("A part of a dec…
discussed Cited "see, e.g." Compton v. Compton
Alaska · 1995 · signal: see, e.g. · confidence low
See, e.g., Chotiner, 829 P.2d at 832 n. 4 (citing Burgess v. Burgess, 710 P.2d 417 , 420 n. 3 (Alaska 1985)) (while it may invade separate property, the court must take into account marital property in its property division); McDaniel v. McDaniel, 829 P.2d 303, 306 (Alaska 1992) (recognizing that Wanberg requires the entire equitable value of property to be divided where the parties have demonstrated an intent to treat property as jointly held); Moffitt v. Moffitt, 749 P.2d 343, 347 (Alaska 1988) (upholding decision to divide entire property as marital asset where parties treated property as a…
discussed Cited "see, e.g." McDaniel v. McDaniel
Alaska · 1992 · signal: see also · confidence medium
See also Burgess, 710 P.2d at 421-23 (considering one spouse’s assumption of joint debts as a factor in dividing marital assets and accounting for the mortgage in valuing the home).
discussed Cited "see, e.g." Rose v. Rose (2×)
Alaska · 1988 · signal: see, e.g. · confidence low
See, e.g., Burgess v. Burgess, 710 P.2d 417 , 420 n. 4 (Alaska 1985) (a joint loan not required to show parties intended to treat property as a joint asset); Wanberg v. Wanberg, 664 P.2d 568, 572 (Alaska 1983) (fact that title taken solely in husband's name not controlling as to divisibility of property).
Retrieving the full opinion text from the archive…
Carole Ann BURGESS, Appellant,
v.
Larry Lee BURGESS, Appellee
S-532.
Alaska Supreme Court.
Dec 6, 1985.
710 P.2d 417
Sema E. Lederman, Groh, Eggers & Price, Anchorage, for appellant., William J. Moran, Anchorage, for appel-lee.
Rabinowitz, Burke, Matthews, Compton, Moore.
Cited by 44 opinions  |  Published

OPINION

BURKE, Justice.

This appeal concerns the trial court’s division of the parties’ property in a divorce decree.

Carole and Larry Burgess were married in June, 1969. They lived together in a house on Primrose Street, in Anchorage, until Carole moved out permanently in September, 1980. No children were born of the marriage, but Carole and Larry both have children from previous marriages.

In 1964, Larry and a former spouse bought the Primrose Street house for $28,-499.28. The purchase was made through two notes, a primary note for $27,000 and a side note for $1500. At trial the parties stipulated that by the time Larry and Carole married, the original note had decreased to $24,300, and Larry had accrued $2700 in equity. [1] At the time of divorce the value of the house was $110,000, the remaining balance on the mortgage was $13,982, and the equity equalled $96,018.

Carole and Larry lived together in the Primrose Street residence for eleven years. Although the property remained solely in Larry’s name, both Carole and Larry contributed from their salaries to mortgage payments. Both actively participated in the property’s management and maintenance.

Approximately seven weeks after Carole and Larry separated, Carole signed a quitclaim deed assigning to Larry all interest in the Primrose Street property. Carole maintains that, on the advice of Larry’s attorney, she signed the documents solely to evidence her lack of substantial property and thus discourage an impending lawsuit. She testified that Larry told her that the instrument would not affect their settlement on the divorce, and that she would still receive her share of the property. While Larry agreed that the document was executed to protect the property from a[*420] possible lawsuit, he testified that the quitclaim also expressed the parties’ oral agreement for a property division.

After entering a Partial Decree of Divorce, the superior court determined that the Primrose Street residence was Larry’s premarital asset, and that he was entitled to retain the entire equity of $96,018. The personal property was divided so that Carole’s share totalled $16,575 [2] and Larry’s totalled $10,774. The court also awarded Carole one-half of the present worth of the difference between the parties’ retirement benefits and ordered Larry to contribute $1500 towards Carole’s attorney’s fees and costs.

While the trial court has broad discretion to divide property in a divorce proceeding, AS 25.24.160(6), “[i]n limited circumstances invasion of one spouse’s property acquired before coverture may be required as a matter of law.” Wanberg v. Wanberg, 664 P.2d 568, 571 (Alaska 1983) (footnote omitted). One such circumstance arises when the parties demonstrate their intent to treat certain premarital property as joint property, e.g., when both spouses have taken an active interest in the ongoing maintenance, management and control of specific assets. Id. 3

In Wanberg we held that the entire equitable value of a lot was subject to distribution, even though John Wanberg owned the property before the marriage. We explained:

The Wanbergs consistently combined their efforts in improving and managing the property, and used the building as their joint personal residence for nearly two years. Although Dianne’s name never appeared on the title to the Grand-view lot, she signed jointly with John when a permanent $120,000 loan was taken against the property. Under these circumstances, we hold that it was an abuse of discretion for the trial court to shield the property from equitable distribution merely by affixing to the property the label of “pre-marital asset.”

664 P.2d at 572. We also characterized another of John’s premarital properties as a marital asset. This commercial property served as the Wanberg’s residence for most of their five year marriage. Diane played an important role in the ongoing business affairs of the property, and she contributed towards maintenance and improvements on it. Id. at 573.

Two common factors characterize the properties involved in the Wanberg case — (1) the use of the properties as the parties’ joint personal residences, and (2) the active interest taken by both parties in the ongoing management and maintenance of the properties. In the case at bar, these factors are also present. Larry and Carole used the Primrose property as their joint personal residence for eleven years. Carole managed the couple’s books and finances, including transactions regarding the property. Loan and maintenance payments were made from the couple’s joint checking account, to which they both contributed. [4] Thus, we conclude that the trial court erred in characterizing the Primrose Street property as Larry’s separate asset. The value of the equity accumulated during[*421] the marriage was a marital asset and should have been treated as such. On remand, the value of this equity should be divided between the parties, [5] with a possible offset of $8200 for Larry’s improvements to the property since the separation. [6]

The existence of the quitclaim deed does not change this result because the deed is fraudulent and the product of undue influence. [7] In marital relationships a transaction in which one spouse gains an advantage over the other is presumptively fraudulent. Trujillo v. Padilla, 79 N.M. 245, 442 P.2d 203, 206 (1968) (warranty deed conveyed by the wife to the husband prior to divorce set aside). To overcome this presumption, the spouse gaining the advantage must show: (a) payment of adequate consideration; (b) full disclosure to the other spouse of his or her rights and the value of the property; and (c) that the spouse conferring the benefits has competent and independent advice. Id. Moreover, a fraud is committed when one spouse, without consideration, transfers property to the other in order to place the property beyond the reach of creditors. Jayhawk Equipment Co. v. Mentzer, 193 Kan. 505, 394 P.2d 37, 41 (1964).

The parties agree that the deed was signed to create the appearance that Carole had no substantial holdings and thus deter a potential lawsuit. The existence of fraud is reinforced by the payment from Larry to Carole of a mere $10 for quitclaiming property worth $110,000. Carole executed the deed under the advice of Larry’s attorney and without independent counsel. She claims she understood that the deed would not impact their property settlement. When asked whether it was agreed that he would reconvey the property if the threatened lawsuit were not filed, Larry responded: “We said we should work out something.” Despite this statement, Larry still maintains the quitclaim deed reflected their oral agreement for the division of property.

The trial court abused its discretion in considering the existence of this quitclaim deed as a factor in characterizing the property subject to distribution. The quitclaim deed represents nothing more than the parties’ efforts to prevent a possible lawsuit.

The division of marital assets in a divorce proceeding is governed by the application of the factors announced in Merrill v. Merrill, 368 P.2d 546 (Alaska 1962). [8] In its Findings of Fact and Conclusions of Law, the trial court listed the following factors as influencing its decision: (1) the parties’ ages; (2) the parties’ earnings; (3) Larry’s acquisition of the Primrose Street property before his marriage to Carole and his retention of sole title; (4) the parties’ use of the property as their family residence for eleven years; (5) Larry’s support of Carole’s children from a prior marriage;[*422] (6) Larry’s payments to Carole after separation and his assumption of certain joint debts, totalling $20,177; (7) Carole’s quitclaim of the Primrose Street property; (8) Larry’s expenditure of $8200 on improvements to the property after the parties’ separation; (9) the fact that Larry’s earnings were twice as much as Carole’s; and (10) the fact that the present value of the Primrose Street property was largely due to an increase in property values.

Carole contends that the trial court’s property division was clearly unjust because the court either misapplied or ignored certain relevant factors, the court relied on inappropriate factors, and the court erred in its findings regarding debts Larry assumed and payments he made to Carole.

While the trial court need not make findings on all of the Merrill factors, [9] the record reflects no determination of the parties’ future needs and their respective abilities to meet those needs. Such a determination requires findings on future earning capacity, station in life, financial condition, health and physical condition, and circumstances and necessities of each party. Given that at the time of divorce, Larry was 45 and Carole was 48 a consideration of their respective future needs and abilities is particularly relevant. On remand, we direct the trial court to rectify this inadequacy in the findings. Compare Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984) (similar inadequacies).

The trial court found that Larry supported Carole’s two children from her previous marriage and one of her grandchildren. Carole argues that the trial court abused its discretion in considering such support in dividing the property. At common law, a stepparent-stepchild relationship imposes no obligations and confers no benefits on either the stepparent or the child. Marriage of Dawley, 17 Cal.3d 342, 131 Cal.Rptr. 3, 551 P.2d 323, 331 (1976); Harper v. New Mexico Department of Human Services, 95 N.M. 471, 623 P.2d 985, 987 (1980); State v. Gillaspie, 8 Wash.App. 560, 507 P.2d 1223, 1224 (1973); see also 4 H. Clark, The Law of Domestic Relations in the United States § 6.2, at 188 (1968). [10] Since a stepparent need not support a stepchild, any such support provided must be presumed to be a gift. Generally, inter-spousal gifts are deemed the separate property of the donee spouse. L. Golden, Equitable Distribution of Property § 5.27, at 122 (1983). In Alaska, however, separate property acquired during marriage is subject to division “in the manner as may be just,” AS 25.24.160(6). We are unable to say that the division in this case was made unjust by the court’s consideration of Larry’s contributions to the support of Carole’s children.

Carole maintains also that the trial court clearly erred in finding that Larry assumed debts and made payments to Carole totalling $20,177. Alaska Civil Rule 52(a). “A finding is clearly erroneous when, although there may be evidence to support it, we are left with the definite and firm conviction on the entire record that a mistake has been committed.” Alaska Foods v. American Manufacturers Mutual Insurance Co., 482 P.2d 842, 848 (Alaska 1971) (footnote omitted).

The trial court took its findings directly from Larry’s Inventory of Property Interest. The inventory stated:

Debts Assumed by Larry
1. Credit Union $ 2,145
2. National Bank of Alaska (Audi) $10,788
[*423] 3. Bank American! $ 2,351
4. Sears $ 576
5. Mastercharge $ 923
6. Pay N Save $ 332
7. J.C. Penney’s $ 248
8. Allstate Insurance (Audi) $ 1,000
$18,353
Paid, to or for Carole after Separation
9. Sept. 9,1980 Income Tax Refund $1,050
10. December 7,1980 $ 200
11. March 26,1981 $ 327
12. June 23,1981 (eye glasses) $ 247
$1,824

At trial, Carole testified that item # 1 was a loan for a Ford pick-up truck that Larry possesses. Item #2 is incorrect, because the bank records reflect that only $3758.30 remained on the debt at the time of trial. Carole could not recall what items #3-7 specifically represented, but she stated that Larry often used these charge cards in the course of his employment and received reimbursement. Item # 8 covered insurance for all their vehicles, not just Carole’s car. Larry did not contradict any of Carole’s claims. In fact, Larry agreed that about $13,000 of the debts he assumed were mutual debts. As mutual debts, the entire amount should not be offset against the property distributed to Carole.

Carole testified that item # 9 reflects the total income tax refund for 1980, not just Carole’s share. Larry acknowledged that this may be true. Carole also claimed that items # 10 and #11 are reimbursements for charges made by Larry on gas credit cards. Larry disagreed.

Even relying solely on Larry’s testimony, the superior court’s findings on this issue were clearly erroneous. At a minimum, a mistake was made regarding the amount still owed to the National Bank of Alaska for the Audi. We direct the trial court to correct these findings on remand so that they clearly reflect the parties’ testimony.

The superior court’s division of property is REVERSED and the case REMANDED for consideration of the value of the equity accumulated in the Primrose property during the marriage as a marital asset, for corrections in the findings, and for an equitable distribution of the properties based on all relevant Merrill factors.

1

. The parties dispute the amount of equity in the property at the time of marriage. Carole contends it is |2700 ($27,000 note-$24,300 still owed) Larry maintains it is $4200 ($27,000 note +$1500 side note-$24,300 still owed). We rely on the $2700 figure because nothing in the record indicates that the $1500 side note has been paid yet.

2

. The trial court miscalculated the amount at $15,975.

3

. Even if the parties had no intent to treat property as a joint asset, AS 25.24.160(6) provides that a court "may invade the property of either spouse acquired before marriage when the balancing of the equities between the parties requires it....” In Vanover v. Vanover, 496 P.2d 644 (Alaska 1972), we held that where one spouse’s contributions to the marital community, pecuniary or otherwise, have benefitted the other spouse’s pre-coverture property, the trial court may include such property in the pool of marital assets for a just and equitable property division. See also Rosson v. Rosson, 635 P.2d 469 (Alaska 1981); Hager v. Hager, 553 P.2d 919 (Alaska 1976); Burrell v. Burrell, 537 P.2d 1 (Alaska 1975); Moore v. Moore, 499 P.2d 300 (Alaska 1972).

4

.Carole’s name did not appear on the loan. A joint loan, however, is not required to show that the parties intended to treat the property as a joint asset. In Wanberg, the parties had a joint loan on the Grandview Heights lot, but not on the Gambell Street property. Nevertheless, both were characterized as joint assets. 664 P.2d at 571-73.

5

. The division need not be equal to be equitable. Rostel v. Rostel, 622 P.2d 429, 432 (Alaska 1981); Hurn v. Hurn, 541 P.2d 360, 360 (Alaska 1975). As a starting point, equality is presumptively equitable. Wanberg, 664 P.2d at 574-75.

6

. Larry personally built cabinets and performed other carpentry. The record does not describe the source of the materials used. On remand, the court should consider whether in making the improvements, Larry invaded property which should have been divided. See Hunt v. Hunt, 698 P.2d 1168, 1171-72 (Alaska 1985). Absent such an invasion, Larry should receive an offset for the full value of the post separation improvements.

7

. Carole's explicit allegation of undue influence was first made in her reply brief. While this contention was not specifically set forth in the Points on Appeal as required by Appellate Rule 210(e), the undue influence issue was encompassed in Point # 15 — that the superior court erred in relying on the quitclaim in making an equitable division of the marital property. See Wetzler v. Wetzler, 570 P.2d 741, 742 n. 2. (Alaska 1977). Moreover, the issue was implicitly raised in Carole’s opening brief. Cf. Hitt v. J.B. Coghill, Inc., 641 P.2d 211, 213 n. 4 (Alaska 1982) (points on appeal waived when argued only in reply brief).

8

.Merrill enunciated the principal factors in property division: (1) respective ages of the parties; (2) earning ability; (3) duration and conduct of each during the marriage; (4) station in life; (5) circumstances and necessities of each; (6) health and physical condition; (7) financial circumstances, including time and manner of acquisition of property in question, its value at the time, and its income producing capacity, if any. 368 P.2d at 547 n. 4.

9

. This list of factors is not exhaustive. Nor must the court make findings on all matters as long as the findings are "sufficient to indicate the factual basis for the ultimate conclusion." Merrill, 368 P.2d at 548 n. 10; Brooks v. Brooks, 677 P.2d 1230, 1233 (Alaska 1984). Findings may also be made on other relevant factors in a particular case. Wanberg, 664 P.2d at 575 n. 22.

10

. Some states impose responsibilities on the stepparent to support stepchildren as long as the stepparent is married to the child’s natural parent. See, e.g., Wash.Rev.Code § 26.16.205 (Supp.1985); Komm v. Dep't of Social & Health Serv., 23 Wash.App. 593, 597 P.2d 1372, 1373 (1979). Alaska, however, imposes no such duty.