Personal Injury Lawyers Directory Personal Injury Lawyers Directory Personal Injury Lawyers Directory Success Stories of Personal Injury Lawyers Directory US Personal Injury Lawyers Directory Canada Personal Injury Lawyers Directory Personal Injury Lawyers Resource Directory
Search Lawyers by Zip Code

  to fill out a simple form to connect to Personal Injury Lawyers in your area.

Seitz v. Seitz

3/22/2005

James were married in 1991 and did not sell the townhouse until 1993. Christine testified that between 1991 and 1993, the mortgage was reduced and improvements were made to the townhouse. James also testified that he made substantial improvements during this time. Christine was entitled to receive credit only for the amount of equity accrued in the townhouse when she brought it to the marriage. See Harris v. Harris, 261 Neb. 75, 621 N.W.2d 491 (2001) (husband who owned house before it became marital residence was entitled to receive credit for amount of equity in house at time of marriage). Any increase in the equity from the date of the parties' marriage until the date the townhouse was sold would have been properly designated as marital property. Christine did not present evidence of the amount of equity in the townhouse at the time of the parties' marriage. Accordingly, the court would have had no basis for awarding Christine credit. See Harris v. Harris, supra (husband failed to meet burden of showing equity in premarital house as of time of marriage, and therefore, district court did not err in including entirety of equity in house, as marital residence, in marital estate). The district court erred in giving Christine a $33,000 lien on the marital home.


Personal Injury Settlement Proceeds


James also argues that the district court erred in failing to award him credit for personal injury settlement proceeds he allegedly used to pay off the mortgage on the marital home and purchase a truck. In Parde v. Parde, 258 Neb. 101, 109, 602 N.W.2d 657, 663 (1999), the Nebraska Supreme Court adopted the analytical approach in regard to the classification of settlement funds as marital or non-marital assets, and held that


compensation for an injury that a spouse has or will receive for pain, suffering, disfigurement, disability, or loss of post-divorce earning capacity should not equitably be included in the marital estate. On the other hand, compensation for past wages, medical expenses, and other items that compensate for the diminution of the marital estate should equitably be included in the marital estate as they properly replace losses of property created by the marital partnership. . . .


. . . he burden of proof to show that property is non-marital remains with the person making the claim. . . . Thus, in those cases where the party making the claim of non-marital property fails to prove that all or portions of an injury compensation are for purely personal losses or loss of future earning capacity, the presumption remains that the proceeds from the personal injury or workers' compensation settlement or award are marital property. See § 42-365.


(Citations omitted.)


In this case, James offered the closing statements in three separate personal injury settlements as documentation of the amounts he was awarded and as support for his right to have those awards designated as non-marital funds. However, the statements James offered do not indicate the reasons for the awards. The record is silent on whether the awards were to compensate James for "pain, suffering, disfigurement, disability, or loss of post-divorce earning capacity" or for "past wages, medical expenses, and other items that compensate for the diminution of the marital estate." See Parde v. Parde, 258 Neb. at 109, 602 N.W.2d at 663. As such, James failed to meet his burden, under the analytical approach, to show that the settlement proceeds should not equitably be included in the marital estate. Absent evidence to the contrary, the presumption remains that the proceeds are marital property, and therefore, the district court did not err in failing to give James credit for these amounts.
Page 1 2 3 4 5 6 

Nebraska Personal Injury Attorneys    Personal Injury Lawyers


  to fill out a simple form to connect to Personal Injury Lawyers in your area.

Personal Injury Lawyers Brain Injuries Spinal Cord Injuries
Quadriplegia and Paraplegia Back Injuries Ruptured & Herniated Disks
Bulging Disk Neck Injuries Dog Bites
Toxic Mold Product Liability Fire Accidents
Trucking Accidents Boating Accidents Car Accidents
Plane Crashes Medical Malpractice Motorcycle Accidents
Wrongful Death Personal Injury Lawsuits Testimonial
 RSS Feeds  |  Articles  |  Jobs  |  Leads
DUI Defense | SiteMap | PI Blog | Attorney Registration | PI Case Laws | FAQ
| Personal Injury Lawyers Directory | Success Stories | Press Releases
Copyright © 2005. “National Association of Personal Injury Lawyers (NAPIL)”. All rights reserved.
By using the system, you agree to TERMS OF SERVICE