SCHRICKER VS. SCHRICKER
May 16, 202525-22003 · 87984-COA · Nevada (SCOTN/COA)
Affirmed in part, reversed in part, and remanded.This case involves a divorce between Donald and Cheryl Schricker, a couple who dated beginning in 1998, bought and shared property over many years, and married in 2005 before Cheryl filed for divorce in 2019. Their dispute centered on several pieces of real estate and money.
The first property was a lakefront property at Lake Almanor in northern California, which the couple bought in 1998 before marrying, and later shared ownership of with friends (the Whittenburgs) through a partnership. The couple's interest in this property became a major point of contention. The district court ordered Donald to buy out Cheryl's share.
The second property was a home on Tapadero Trail in Reno, bought in 2010 for $350,000 using money Cheryl inherited from her father. Cheryl said she wanted this to be her own separate property, but Donald's name ended up on the deed. She claimed he added his name secretly; he said she watched the documents being signed. The district court found this home was community property (property belonging to both spouses) rather than Cheryl's separate property.
There was also a deed of trust - a document that puts a lien on property to secure a debt - on a separate property Donald owned in Reno, naming Cheryl as beneficiary for $119,000. Cheryl testified she did not know about it until after she filed for divorce and never had a promissory note (the document that normally records the actual loan). Donald said he never borrowed money from her. The district court still found Donald owed Cheryl $119,000 based on the deed of trust because it had never been canceled.
During the litigation, Donald did not fully respond to Cheryl's discovery requests and did not file certain tax returns as ordered. As a result, the district court imposed sanctions: he could not present documents he had not disclosed, certain requests for admission were treated as admitted, and the court could draw negative inferences from questions he did not answer.
On appeal, the Court of Appeals largely upheld the district court. It held the Nevada court had authority to decide the case, that the Whittenburgs did not have to be added as parties, and that the district court did not abuse its discretion in valuing the Almanor property or in imposing discovery sanctions. It rejected Cheryl's arguments that the Tapadero home should have been her separate property and that Donald committed fraud or breached a fiduciary duty.
The one point on which the appellate court reversed involved the value of the Tapadero property. The written decree valued it at $407,000, but the trial transcript showed both parties actually agreed on $704,000. The court concluded the $407,000 figure was not supported by the evidence and appeared to be a clerical error, so it sent the case back to correct the valuation and update the related payment.