A-22-0873, Kathleen A. Foster (Appellant) v. Lyle D. Foster (Appellee)
Saunders County, District Judge Christina M. Marroquin
Attorney for Appellant: Sally A. Rasmussen (Mattson Ricketts Law Firm)
Attorney for Appellee: Vanessa J. Gorden (GordenLaw, LLC)
Civil Action: Dissolution
Action Taken by Trial Court: Following a trial, the district court entered a decree of dissolution. The decree did not address Kathleen’s request made at trial to have her maiden name restored. The court identified the parties’ 10 rental properties as nonmarital property, the martial home as marital property, and awarded all 11 properties to Lyle. The court also classified all the properties’ debt, both mortgages and property taxes, as marital and ordered Lyle to pay the properties’ debts and refinance all loans to release Kathleen from any obligation. The court found that each party would retain exclusive ownership of any life insurance or annuities held in his or her respective name. The court also found that Lyle would receive credit for paying the parties’ joint credit card balance.
Assignments of Error on Appeal: Kathleen appeals, assigning that the district court erred in failing to restore her maiden name; finding that Kathleen had not met her burden of proof in tracing her premarital inheritance to the equity in the marital home; failing to include two rental properties purchased after the marriage in the marital estate; including the premarital value of Kathleen’s life insurance policy and retirement accounts in the marital estate; findings as to the classification and assignment of debt; and division as to a household item, a particular car, and a trailer.