318 Neb. 891
Neb.2025Background
- Sarah A. Backhaus and David R. Backhaus married in 2010 and separated in 2021; divorce proceedings followed in 2022.
- The core dispute centers on whether funds in their jointly held savings account (account x4020) are marital or nonmarital property.
- David received a significant inheritance during the marriage, which he claimed was the source of the funds in account x4020.
- At trial, David testified about the origin and use of the inheritance and moved the funds to a personal account after separation; Sarah did not dispute that David received an inheritance but contested the sufficiency of his evidence tying it to account x4020.
- The district court found account x4020 to be nonmarital and awarded it to David; the Nebraska Court of Appeals reversed, declaring the funds marital property due to insufficient evidence.
- The Nebraska Supreme Court granted David's petition for further review and ultimately reversed the Court of Appeals, upholding the trial court's nonmarital classification of account x4020.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether funds in account x4020 are marital property | David did not prove, with sufficient evidence, that the funds in account x4020 originated from his inheritance, and thus, the account should be deemed marital property and divided. | David provided credible testimony that the funds in account x4020 derived from his nonmarital inheritance, so the account should be set aside as nonmarital property. | David's testimony, along with circumstantial evidence, was sufficient; account x4020 is nonmarital property and belongs to David. |
Key Cases Cited
- Burgardt v. Burgardt, 304 Neb. 356 (2019) (party's credible testimony alone can suffice to establish nonmarital interest in property in divorce)
- Stava v. Stava, 318 Neb. 32 (2024) (method of property acquisition is factual, classification as marital/nonmarital is legal)
- Parde v. Parde, 313 Neb. 779 (2023) (trial courts must equitably distribute marital estates per Neb. Rev. Stat. § 42-365)
- Garrison v. Otto, 311 Neb. 94 (2022) (deference to trial court's factual findings in marital property division)