Doerr v. Doerr
306 Neb. 350
| Neb. | 2020Background
- 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)
