White v. White

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White v. White

Case Number
Call Date
December 6, 2019
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-19-0047 Ann C. White (Appellee/Cross-Appellant) v. Timothy V. White (Appellant/Cross-Appellee)

Douglas County District Court, Judge Leigh Ann Retelsdorf

Attorneys: Anthony W. Liakos & Pamela Hogenson Govier (Govier, Katskee, Suing & Maxell, PC, LLO, for Appellant) --- Paul M. Shotkoski & Michael F. Coyle (Fraser Stryker, PC LLO, for Appellee).

Civil: Dissolution of marriage: Equitable division of marital estate

Proceedings Below: The trial court found that 1) $100,000 of Appellant’s Waddell & Reed investment account was non-martial property, and that $238,852 of appreciation in the account during the marriage was marital property and awarded this account to Appellant in dividing the estate; 2) the entirety of Appellant’s Charles Schwab account was marital property, and equally divided $1,432,796; and 3) that the date of valuation of the marital estate was June 30, 2017. The trial court also ordered that the Appellant pay the parties’ 2017 joint income tax liability and make an equalization payment in the amount of $14,373 to the Appellee.

Issues: Whether 1) Appellant met his burden of proving that the appreciation of assets was readily identifiable and traceable to non-marital property, and not due to the active efforts of either spouse;  2) the court’s division of the marital estate was equitable; and 3) the court abused its discretion in valuing the estate as of June 30, 2017.

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