Chrisp v. Chrisp
Chrisp v. Chrisp
Opinion of the Court
This is an appeal in a marriage dissolution case. The District Court dissolved the marriage, awarded appellant custody of the parties’ 17-year-old son, awarded each party all property titled in his or her own name, and ordered appellee to pay $13,789 to appellant. On appeal, the appellant assigns as error the District Court’s division of property as being patently unfair on the basis of the evidence presented and the District Court’s failure to restore to appellant her inherited property or otherwise compensate her in any way for her substantial contribution to the marriage. We affirm in part and, in part, reverse and remand.
The parties were married in 1950. Neither party brought any money or property into the marriage. For 3 years, the parties lived on and farmed property owned by appellant’s father. In 1953, the parties purchased a quarter section of land on which they lived and farmed. Several years later, the appellant inherited approximately 520 acres of land. The inheritance gave rise to marital difficulties. In 1969, the appellee conveyed to appellant his interest in their jointly acquired quarter section of land and appellant quitclaimed to appellee her entire interest in 360
The division of property in 1970 resulted in each party owning approximately one-half of the property acquired up to that time. The agreement between the parties to divide their property was not unconscionable. At the time, both parties agreed that the division was fair and equitable and, for that reason, the trial court adopted it. Because the division was equitable, it will not be disturbed on appeal. The property titled in each parties’ name as a result of that division will remain the separate property of each and is not considered in the division of marital property by this court. The 160 acres referred to as the Bartak quarter, and the 160 acres of inherited property not transferred to appellee were awarded to appellant as her separate property. The 360 acres transferred to appellee by appellant in 1969 was awarded to appellee as his separate property. That part of the trial court’s decision that each party retain property titled in his or her own name is affirmed.
The only property subject to division upon divorce is property acquired by these parties after 1970. The trial court excluded this property in the division of the marital estate and its decision is, therefore, in part, reversed.
Even though the parties had divided their property and managed their financial affairs separately, they remained married to each other and the appellee con-
In determining what percentage of the marital estate each person is to receive, the court is to consider all pertinent facts in reaching an award that is just and equitable. Matlock v. Matlock, supra; Pfeiffer v. Pfeiffer, 203 Neb. 137, 277 N.W.2d 575 (1979). We have stated that in a marriage of long duration, and where the parties were parents of all children involved, an award of one-third to one-half of the property is equitable. Knigge v. Knigge, 204 Neb. 421, 282 N.W.2d 581 (1979). In all instances, the division must take into consideration the circumstances of the parties, the duration of the marriage, contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities. Matlock v. Matlock, supra; Campbell v. Campbell, 202 Neb. 575, 276 N.W.2d 220 (1979).
The record shows that both appellant and appellee have individually and jointly contributed property and other valuable services to the marriage. Because
Affirmed in part, and in part reversed
AND REMANDED WITH DIRECTIONS.
Concurring in Part
concurring, in part, and, in part, dissenting.
I concur, in part, and, in part, I dissent from the majority. I concur in that portion of the majority opinion which affirmed the trial court’s decision that each party retain property titled in his or her own name.
I dissent, however, from that portion of the majority opinion which orders the appellee to pay to the appellant an additonal $120,165. We have frequently declared that this court is not inclined to disturb the division of property by the trial court unless it is patently unfair on the record. Rinderknecht v. Rinderknecht, 204 Neb. 648, 284 N.W.2d 569 (1979); Blome v. Blome, 201 Neb. 687, 271 N.W.2d 466 (1978).
The distribution of property and fixing of alimony rest in the sound discretion of the District Court and, in the absence of an abuse of discretion, will not be disturbed on appeal. Phillips v. Phillips, 200 Neb. 253, 263 N.W.2d 447 (1978); Ritter v. Ritter, 205 Neb. 668, 289 N.W.2d 526 (1980); Van Cleave v. Van Cleave, 201 Neb. 211, 266 N.W.2d 900 (1978).
Reference
- Full Case Name
- Ruth I. Chrisp, Appellant, v. Dean E. Chrisp, Appellee
- Cited By
- 11 cases
- Status
- Published