History
  • No items yet
midpage
Doerr v. Doerr
306 Neb. 350
| Neb. | 2020
Read the full case

Background

  • Tammy and Brian married in April 2012; Tammy filed for divorce in September 2016 and the decree issued February 19, 2019.
  • The parties purchased a Howard Street home in April 2012 for $262,000; a real estate professional valued it at $350,000 at trial.
  • The district court found downpayment and other funds for the Howard Street home were commingled and treated the home as marital property; it awarded the house to Brian but assigned Tammy $165,000 in equity (reduced $10,000 for Brian’s larger downpayment).
  • A Union Bank money market account contained funds transferred by Tammy at separation; the court found $108,600 marital and split it equally ($54,300 each).
  • Tammy had a U.S. Bank checking account (~$12,831.67) in her name which the court awarded to her; the court allocated debts to the party in whose name they appeared and ordered Brian to pay an equalization payment of $110,700 to Tammy.

Issues

Issue Plaintiff's Argument (Tammy) Defendant's Argument (Brian) Held
Classification and valuation of Howard St. home Home is marital; Tammy contributed to downpayment and remodeling Home purchased and paid from proceeds of Brian's pre-marriage Fontanelle sale; therefore separate Trial court credited Tammy; held home was marital, $350,000 value, Tammy entitled to roughly half equity; no abuse of discretion
Division of Union Bank money market funds ($108,600) Funds were marital; Tammy entitled to her transferred share Funds traceable to proceeds of Brian's Fontanelle sale and thus separate Trial court found Brian failed to trace funds as separate; $108,600 treated marital and split $54,300 each
U.S. Bank account (~$12,831.67) Account in Tammy’s name awarded to Tammy Brian sought half because Tammy did not prove separate origin Court awarded accounts to the named owner; no error in giving Tammy her account
Allocation of specific marital debts (~$16,207.76 total) Court should allocate debts proportionally Court ordered each party pay debts in their name and post-filing debts Court upheld its approach; decline to parse small purchases across marriage; no reversible error
Equalization payment ($110,700) Supported by court’s net-marital calculations Argued division and debts made payment incorrect Payment affirmed as consistent with court’s property division

Key Cases Cited

  • White v. White, 304 Neb. 945 (2020) (describing commingling, tracing, and classification of separate versus marital property)
  • Burgardt v. Burgardt, 304 Neb. 356 (2019) (party testimony may suffice but credibility and documentary weight are for the trial court)
  • Osantowski v. Osantowski, 298 Neb. 339 (2017) (standards for tracing separate property and effects of commingling)
Read the full case

Case Details

Case Name: Doerr v. Doerr
Court Name: Nebraska Supreme Court
Date Published: Jul 2, 2020
Citation: 306 Neb. 350
Docket Number: S-19-418
Court Abbreviation: Neb.