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200305844
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Last modified
10/15/2011 10:29:50 PM
Creation date
10/21/2005 5:33:12 PM
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DEEDS
Inst Number
200305844
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200305844 <br />divided. <br />In the present case, although both parties received gifts, inheritances, or premarital property, <br />the evidence does not clearly trace that property to identifiable existing assets. Property of petitioner <br />has been commingled with income received during the marriage and respondent's inheritance <br />dissipated for family purposes. Thus, no credits can be given to either party for premarital or <br />inherited property. <br />Respondent also claims a credit of $6500.00 for the value of the 1995 Windstar van. <br />Respondent claims that cash money received from her mother's estate was used to purchase a van <br />which was later traded in on the Windstar van. IIowever, there is no evidence as to the trade -in <br />value or the value of the van at the time the Windstar was purchased. No credit should be allowed <br />for the van. Additionally, the respondent claims credit for improvements made to the home in the <br />amount of $4,754.00. Generally, when a party uses money from that party's separate estate to <br />purchase, for example, a house which is then held in joint tenancy, the payment of money will be <br />treated as creating a rebuttable presumption that a gift was intended from one party to the other and, <br />therefore, the house will be considered part of the marital estate. Gerard -Ley vs. Ley, 5 Neb. App. <br />229 (1996). Thus, because there was no evidence to rebut the presumption that the contribution to <br />the jointly held property was other than a gift, no credit shall be allowed. <br />9. Petitioner shall receive as his sole and separate property the following items of property: <br />a. All of his own personal effects and clothing and the personal effects and <br />clothing of the minor children. <br />b. All items of household furniture, furnishings, equipment and miscellaneous <br />property now in his possession, including the following, but excluding those <br />items specifically awarded to the respondent: All property highlighted in <br />husband's column on the attached property statement. <br />-7- <br />
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