In Re the Marriage of Dean

642 N.W.2d 321, 2002 Iowa App. LEXIS 37, 2002 WL 22068
CourtCourt of Appeals of Iowa
DecidedJanuary 9, 2002
Docket01-0239
StatusPublished
Cited by14 cases

This text of 642 N.W.2d 321 (In Re the Marriage of Dean) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Marriage of Dean, 642 N.W.2d 321, 2002 Iowa App. LEXIS 37, 2002 WL 22068 (iowactapp 2002).

Opinion

SACKETT, C.J.

Petitioner-appellant Gary E. Dean appeals challenging the property division made by the district court in dissolving his short-term, childless marriage. Gary paid debts respondent-appellee Vicki Dean had at the time of the marriage with money he brought to the marriage. He contends these payments should not have been found by the district court to be gifts to Vicki, and she should not have been relieved from repaying him the money he advanced. We affirm as modified.

Our review of the economic provisions of a divorce decree is de novo. Iowa R.App. P. 4 (1997). We examine the entire record and adjudicate anew the issues properly presented on appeal. In re Marriage of Steenhoek, 305 N.W.2d 448, 452 (Iowa 1981). We give weight to the fact-findings of the trial court, especially when considering the credibility of witnesses, but are not bound by them. Iowa RA.pp. P. 14(f)(7); In re Marriage of Grady-Woods, 577 N.W.2d 851, 852 (Iowa Ct.App.1998). We approach this issue from a gender-neutral position avoiding sexual stereotypes. In re Marriage of Pratt, 489 N.W.2d 56, 58 (Iowa Ct.App.1992); see also In re Marriage of Bethke, 484 N.W.2d 604, 608 (Iowa Ct.App.1992).

Before making an equitable distribution of assets in a dissolution, the court must determine all assets held in the name of either or both parties as well as the debts owed by either or both. See In re Marriage of Driscoll, 563 N.W.2d 640, 641-42 (Iowa Ct.App.1997); In re Marriage of Brainard, 523 N.W.2d 611, 616 (Iowa Ct.App.1994). The assets should then be given their value as of the date of trial. Locke v. Locke, 246 N.W.2d 246, 252 (Iowa 1976); In re Marriage of McLaughlin, 526 N.W.2d 342, 344 (Iowa Ct.App. 1994). The assets and liabilities should then be equitably, not necessarily equally, divided after considering the criteria delineated in Iowa Code section 598.21(1) (1999). In general, the division of property is based upon each marriage partner’s right to a just and equitable share of the property accumulated as a result of their joint efforts. In re Marriage of Hitchcock, 309 N.W.2d 432, 437 (Iowa 1981).

Gary and Vicki married in January of 1999. They separated in January of 2000. A dissolution petition was filed in March of that year and a decree of dissolution was entered in January of 2001. At the time the decree was entered Gary was forty-two and Vicki was forty-six. Both parties were in good health.

*324 Gary is a commodity consultant and a farmer. The record does not reveal his income. At the time of the marriage he had a substantial net worth. At the time of the dissolution he valued the assets and debts held in his name alone. He showed these assets to be worth $1,745,654.31 and these debts to be $59,810. Neither Gary nor Vicki contends that Gary’s net worth increased during the marriage. Therefore we find the net worth he showed the dissolution court as his to be the net worth he had at the time of marriage reduced only by the amount he spent to satisfy the debts Vicki had at the time of marriage.

Vicki is a teacher’s aide although she has worked in other fields. She earns about $950 a month. At the time of marriage she owned a twenty-six acre improved tract, three horses and a 1995 Ford Escort wagon. She still had the improved twenty-six acres at the time of the dissolution and valued it then at $87,719. We find this was its approximate value at the time of marriage. Vicki also had debts at the time of marriage of about $70,000, the majority of which were secured by a first and second mortgage on her real estate. She also owed attorney fees, real estate taxes and medical expenses.

Shortly after the parties were married Gary paid all of Vicki’s approximately $70,000 debt. Included in the $70,000 Gary paid was a $13,000 line of credit secured by the second mortgage on Vicki’s real estate. The line of credit was set up so Gary could borrow against it. As the marriage was failing Gary borrowed on that line of credit in the approximate amount of $13,000. At the time of the dissolution hearing the $13,000 had not been repaid.

The only question the district court was asked to decide was how to equitably allocate the parties’ assets and debts. Vicki advanced to the district court that she should leave the marriage debt free with the property she brought to the marriage and a pickup purchased during the marriage. Vicki contended Gary should have no credit for the $70,000 he advanced to pay her debts because in paying those debts Gary made a gift to her which should be set aside to her under Iowa Code section 598.21(2) (1999). This section provides:

Property inherited by either party or gifts received by either party prior to or during the course of the marriage is the property of that party and is not subject to a property division under this section except upon a finding that refusal to divide the property is inequitable to the other party or to the children of the marriage.

Gary said he never considered he was making a gift to Vicki when he paid her debts. Rather he paid them believing that the marriage would last and he was contributing to the parties’ joint financial good. Gary makes no claim to Vicki’s real estate but contends she should repay him for paying the debts she brought to the marriage.

The district court found Vicki’s testimony that Gary gave her a gift when he paid her debts more credible than Gary’s testimony he did not consider payment of Vicki’s debts a gift to her. The district court accepted Vicki’s argument and found the debt payment by Gary to be a gift to her. The court then said it would not restore Gary to the financial position he held before the marriage and that Vicki would not be required to reimburse Gary for money expended to pay the debts she brought to the marriage. The district court appeared to have determined that the issue was resolved by Iowa Code section 598.21(2) which provides that gifted and inherited property is not subject to *325 division unless the court finds to not do so would be inequitable.

The district court then gave Gary the property in his name except Vicki received a pickup purchased for $17,555 shortly before the parties’ separation. Gary was ordered to pay the $13,000 owed on the line of credit and about $1000 Vicki owed on a credit card. We determine the pickup to be worth about $12,000 at the time of the dissolution. The net result of the district court’s decision is Vicki leaves the marriage with about $83,000 more than she brought to it.

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Bluebook (online)
642 N.W.2d 321, 2002 Iowa App. LEXIS 37, 2002 WL 22068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-dean-iowactapp-2002.