Tyler v. Tyler

570 N.W.2d 317, 253 Neb. 209, 1997 Neb. LEXIS 210
CourtNebraska Supreme Court
DecidedOctober 17, 1997
DocketS-95-1096
StatusPublished
Cited by65 cases

This text of 570 N.W.2d 317 (Tyler v. Tyler) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tyler v. Tyler, 570 N.W.2d 317, 253 Neb. 209, 1997 Neb. LEXIS 210 (Neb. 1997).

Opinion

White, C.J.

Helen J. Tyler petitions this court for further review, challenging the Nebraska Court of Appeals’ distribution of equity in the marital home. We affirm as modified, since the Court of Appeals abused its discretion in distributing the equity of the marital home equally without requiring evidence of the value of Julian B. Tyler’s contributions.

The Tylers met in February 1984, and they were married in May 1984. Both had been married previously. At the time of the marriage, wife owned a house which she had received in the property settlement from her prior divorce. The marriage between the Tylers lasted approximately 11 years. Husband and wife separated in April 1994, and husband moved out of the marital home. A divorce decree was entered on September 7, 1995.

At the time of their marriage, wife’s house was subject to several claims, including a $38,000 mortgage and a $2,850 special assessment lien. During the marriage, husband paid the *211 special assessment lien and the couple reduced the mortgage by approximately $3,500. In addition, husband contends that he made various improvements to the home. Wife, however, disputes the extent of the improvements and admits only that husband installed a sump pump and replaced a heat pump.

The Tylers lived in the home for approximately 6 years, then decided to sell the house and purchase another. On May 14, 1990, the Tylers sold the house for $112,000. According to the evidence, the parties received approximately $60,000 from the sale, all of which was used to purchase a new house. The Tylers purchased a house for approximately $130,000 and secured a mortgage of approximately $75,000. At the time of trial, wife estimated that the fair market value of the new home was $148,000 and the outstanding balance on the mortgage was $71,500. Husband estimated that the fair market value of the home was $160,000 and the balance on the mortgage was $73,000.

Wife brought an action in the district court requesting a dissolution decree and a marital property distribution. The district court granted the divorce decree and ordered each party to retain their personal assets and personal debts and to split any joint obligations. The court also awarded wife all the equity in the marital home and ordered her to pay husband $2,850 to equalize the marital estate.

Husband appealed to the Court of Appeals and challenged the debt and property distribution. The court did not find an abuse of discretion in the district court’s debt distribution and, as such, in a memorandum opinion, affirmed that portion of the decree. However, the court found that the district court abused its discretion when distributing the equity in the marital home. The court stated that premarital assets should ordinarily be awarded to the individual who owned the asset prior to the marriage. The court noted that an exception to this general rule exists where the spouse not owning the property prior to the marriage significantly cared for the property during the marriage. See Van Newkirk v. Van Newkirk, 212 Neb. 730, 325 N.W.2d 832 (1982).

After noting the special assessment paid by husband, the joint mortgage payments, and the improvements made to the house, the court modified the district court’s decision and *212 ordered wife to pay husband a $40,875 property settlement, which was half the equity in the marital home. Wife petitioned this court for further review.

Wife contends the Court of Appeals erred when the court (1) concluded the district court abused its discretion in the distribution of the equity in the marital home; (2) failed to give proper weight to the fact that the trial judge heard and observed the witnesses and accepted one version of the facts rather than another; (3) interpreted Van Newkirk v. Van Newkirk, supra, to mean that minimal contributions made by a nonowning spouse to a premarital home gives the nonowning spouse a 50-percent interest in such property; and (4) awarded husband 50 percent equity in the home and still required wife to repay $2,850 for the special assessment.

The division of the marital estate in a dissolution case is initially left to the discretion of the trial court and will be reviewed by an appellate court de novo on the record and affirmed absent an abuse of discretion. Mellor v. Mellor, 235 Neb. 361, 455 N.W.2d 177 (1990); Seemann v. Seemann, 225 Neb. 116, 402 N.W.2d 883 (1987). A judicial abuse of discretion exists when a judge, within the effective limits of authorized judicial power, elects to act or refrain from acting, but the selected option results in a decision which is untenable and unfairly deprives a litigant of a substantial right or a just result in matters submitted for disposition through a judicial system. Jirkovsky v. Jirkovsky, 247 Neb. 141, 525 N.W.2d 615 (1995); Pendleton v. Pendleton, 242 Neb. 675, 496 N.W.2d 499 (1993). In a review de novo on the record, an appellate court reappraises the evidence as presented by the record and reaches its own independent conclusions with respect to the matters at issue. Thiltges v. Thiltges, 247 Neb. 371, 527 N.W.2d 853 (1995); Guggenmos v. Guggenmos, 218 Neb. 746, 359 N.W.2d 87 (1984). If the evidence, as presented by the record, is in conflict, an appellate court considers, and may give weight to, the fact that the trial court heard and observed the witnesses and accepted one version of the facts rather than another. Reichert v. Reichert, 246 Neb. 31, 516 N.W.2d 600 (1994); State ex rel. Reitz v. Ringer, 244 Neb. 976, 510 N.W.2d 294 (1994).

*213 Since we find that the Court of Appeals incorrectly granted husband 50 percent of the equity of the marital home, we modify the court’s ruling. As wife’s first assignment of error is dis-positive, we address that issue only.

In this case, the trial court awarded wife all the equity in the marital home and ordered her to pay husband $2,850 to equalize the marital estate. The Court of Appeals modified the judgment and held that each party was entitled to the equivalent of one-half of the home equity, or $40,875. In her petition for further review, wife argues the Court of Appeals incorrectly modified the district court’s property distribution. We agree.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Estates at Prairie Ridge Homeowners Assn. v. Korth
298 Neb. 266 (Nebraska Supreme Court, 2017)
Burcham v. Burcham
Nebraska Court of Appeals, 2016
Spady v. Spady
Nebraska Court of Appeals, 2016
Brozek v. Brozek
874 N.W.2d 17 (Nebraska Supreme Court, 2016)
Langerstrom v. Neal
Nebraska Court of Appeals, 2015
Cushman v. Cushman
Nebraska Court of Appeals, 2014
Eyman v. Eyman
Nebraska Court of Appeals, 2014
Bussell v. Bussell
837 N.W.2d 840 (Nebraska Court of Appeals, 2013)
Hughes v. Hughes
706 N.W.2d 569 (Nebraska Court of Appeals, 2005)
Nygren v. Nygren
704 N.W.2d 257 (Nebraska Court of Appeals, 2005)
Olson v. Olson
693 N.W.2d 572 (Nebraska Court of Appeals, 2005)
Marcovitz v. Rogers
675 N.W.2d 132 (Nebraska Supreme Court, 2004)
Grams v. Grams
624 N.W.2d 42 (Nebraska Court of Appeals, 2001)
Smith v. Smith
623 N.W.2d 705 (Nebraska Court of Appeals, 2001)
Harris v. Harris
621 N.W.2d 491 (Nebraska Supreme Court, 2001)
Walker v. Walker
622 N.W.2d 410 (Nebraska Court of Appeals, 2001)
Heald v. Heald
611 N.W.2d 598 (Nebraska Supreme Court, 2000)
In Re Estate of Karnen
2000 SD 32 (South Dakota Supreme Court, 2000)
Richardson v. Anderson
604 N.W.2d 427 (Nebraska Court of Appeals, 2000)
State v. Burgers
1999 SD 140 (South Dakota Supreme Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
570 N.W.2d 317, 253 Neb. 209, 1997 Neb. LEXIS 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-tyler-neb-1997.