Haase v. Haase, 43632
| Decision Date | 08 January 1982 |
| Docket Number | No. 43632,43632 |
| Citation | 314 N.W.2d 270,210 Neb. 371 |
| Parties | Diane HAASE, Appellee, v. Virgilee HAASE, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
Divorce: Property Division. The rules for determining a division of property in a dissolution provide no mathematical formula by which awards can be precisely determined, and ordinarily the court will consider all pertinent facts in reaching a just and equitable settlement.
Miles W. Johnston, Jr. of Johnston, Barber & Wherry, Lincoln, for appellant.
Blevens, Blevens & Jacobs, Seward, for appellee.
Heard before BOSLAUGH, McCOWN, CLINTON, and BRODKEY, JJ., and STANLEY, District Judge.
Virgilee Haase has appealed from an order of the District Court of Butler County, Nebraska, dissolving the marriage and ordering certain personal property sold to satisfy debts, with the net proceeds to be divided between the parties. We affirm as modified.
Appellant assigns as error the inclusion in the order of sale certain motor vehicles he brought into the marriage and furniture given the parties by his parents subject to indebtedness by the parents.
Personal property and debts were the only issues. The trial court found that the evidence of value and preference was insufficient to divide the personal property and assignments of debts, and gave the parties 30 days to enter into an agreement with respect to the personal property and debts, reserving to each of the parties their clothing and personal effects. The record details, by affidavit, all of the personal property of the parties. In lieu of a settlement agreement a referee was appointed to sell all property owned by the parties within 90 days of the date of the decree. After deductions for expenses of the sale, court costs, and current debts of the parties, the net proceeds were to be divided equally between the parties. The parties did not reach agreement and appeal was perfected with a supersedeas bond of $5,000 posted.
The parties were married September 1, 1979, and no children were born to the marriage. The wife filed for dissolution on December 5, 1979. During the marriage both parties were employed, with the wife earning $3.75 per hour and the husband with an earning capacity of approximately $7 per hour; however, he was laid off work at the time of trial. Appellee testified that, while they were married for 3 months, they had lived together for a year to a year and a half. During this period of time appellee was...
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Kellner v. Kellner
...and determine the encumbrances and report them to the court for further order." Id. at 747, 311 N.W.2d at 518. In Haase v. Haase, 210 Neb. 371, 314 N.W.2d 270 (1982), the issue was the division of personal property and debts. The appellant assigned as error the inclusion of certain motor ve......
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Guggenmos v. Guggenmos, 83-713
...on the issues without reference to the conclusions or judgment of the district court. However, in cases as recent as Haase v. Haase, 210 Neb. 371, 314 N.W.2d 270 (1982), and Liss v. Liss, 206 Neb. 587, 294 N.W.2d 341 (1980), we said that the distribution of property rests in the sound discr......
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Burhoop v. Burhoop, 84-700
...219 Neb. 13, 360 N.W.2d 495 (1985). The same standard of review applies to the division of property. Guggenmos, supra; Haase v. Haase, 210 Neb. 371, 314 N.W.2d 270 (1982). An abuse of discretion requires the "reasons or rulings of the trial judge to be clearly untenable and to deprive a par......