In Re the Marriage of Martens

406 N.W.2d 819, 1987 Iowa App. LEXIS 1563
CourtCourt of Appeals of Iowa
DecidedMarch 31, 1987
Docket86-778
StatusPublished
Cited by4 cases

This text of 406 N.W.2d 819 (In Re the Marriage of Martens) 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 Martens, 406 N.W.2d 819, 1987 Iowa App. LEXIS 1563 (iowactapp 1987).

Opinion

SNELL, Judge.

The parties to this appeal, Twyla and Frederick Martens, were granted a dissolution of their seventeen-year marriage by the District Court for Washington County on May 2, 1986. The district court, as part of the dissolution decree, awarded Twyla the marital residence and much of the marital property. Frederick brings this appeal in order to challenge the property disposition as inequitable and based in part upon errors of law. Our review is de novo. Iowa R.App.P. 4. Although we are not bound by the district court’s findings of fact, we give them weight. Iowa R.App.P. 14(f)(7).

*821 In reviewing a district court’s division of marital property, we are guided by the criteria set out in Iowa Code section 598.21(1) (1985). We reaffirm our rejection of any rule based upon a percentage division of the assets. In re Marriage of Lattig, 318 N.W.2d 811, 814 (Iowa Ct.App.1982). We are not bound to achieve a precisely equal division in awards of marital property. In re Marriage of Andersen, 243 N.W.2d 562, 564 (Iowa 1976). In general, the division of property is based upon each marital 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 1976). The controlling mandate is that courts achieve an equitable and just award under the circumstances. In re Marriage of Wallace, 315 N.W.2d 827, 831 (Iowa Ct.App.1981). The relative fault of the parties is not a significant factor in determining the division of marital property. In re Marriage of Willcoxson, 250 N.W.2d 425, 427 (Iowa 1977).

Frederick contends that the district court erred as a matter of law when it found that the marital residence, valued at approximately $104,000.00, and the twenty acres on which it stood were a gift from Twyla’s father to her alone. The 1983 deed conveyed the property to both Frederick and Twyla. Although the deed mentions only “Love and Affection” as the consideration of the transfer, the record discloses that Twyla’s father received $17,500.00 from the parties at the time of transfer. This sum represented the proceeds Twyla and Frederick received from the sale of their previous home. The district court awarded Frederick a one-half share of $8,750.00 and found the balance to be a gift to Twyla. The court then awarded the home and real estate to Twyla, finding it not inequitable under section 598.21(2) to do so.

Iowa Code section 598.21(1) (1985) states that the court “shall divide all property, except inherited property or gifts received by one party.” (emphasis added). In addition, Iowa Code section 598.21(2) (1985) 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.

Obviously, these provisions are not applicable where the gifts are made to both parties. See In re Marriage of Vrban, 359 N.W.2d 420, 427 (Iowa 1984); In re Marriage of Byall, 353 N.W.2d 103, 105-06 (Iowa Ct.App.1984). In order for a deed to constitute a valid gift there must be (1) donative intent, (2) delivery, and (3) acceptance. Raim v. Stancel, 339 N.W.2d 621, 623 (Iowa Ct.App.1983). In the case at bar, the issue presented concerns only the element of donative intent. Specifically, we are urged by Frederick to find that the marital residence and the twenty acres of real estate upon which it stood were gifts to him and Twyla; whereas Twyla argues, and the district court concluded, that this was a gift to Twyla alone.

Our de novo review of the record persuades us that the conclusion reached by the district court is correct. We are cognizant of the fact that the property at issue here was conveyed by standard form warranty deed to both Frederick and Twyla “[a]s Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common, ...” We think, however, that this is only one factor to be considered in the broader calculus of donative intent. Our supreme court has stated that “the question of whether or not there has been a gift in a given case is one of fact, in which the intent of the alleged donor in delivering the property is a very material inquiry.” Yagge v. Tyler, 225 Iowa 352, 357, 230 N.W. 559, 562 (1938). Although the fact that Frederick’s name is on the deed is relevant to this inquiry, we do not find it determinative.

Our understanding of the entire record presented on appeal leads us to agree with Twyla that her father did not intend the residence and real estate to be a gift to *822 Frederick. In this respect, the record in the present case leads us to a conclusion different from that reached in In re Marriage of Havran, 406 N.W.2d 450 (Iowa Ct.App.1987), which we also decide today. Unlike the situation in Havran, the case at bar contains compelling evidence that the gift was made to Twyla alone. Twyla’s father began constructing the residence in the late 1950’s,- and Twyla had lived on the property since she was seven years old. Twyla had no siblings. Her father testified that he desired the residence and real estate to be enjoyed by Twyla during her lifetime and then to be given to his grandchildren, the children of Twyla and Frederick. The record strongly suggests that the relationship between Frederick and Twyla’s father was at best strained and at worst highly acrimonious. Frederick had quit his employ with Twyla’s father on several occasions. Twyla’s father testified that the only reason Frederick’s name was included on the deed was that, after some discussion, his attorney had convinced him to do so. The deed notes that the transaction was “between parent and child.” We think Twyla’s father intended the property at issue to be a gift only to Twyla.

Even were we to place sufficient emphasis on the lone factor in Frederick’s favor — that the deed contains his name — to find that the gift was to him and Twyla, the equities of the present case would lead us to award the property to Twyla. An analysis has been developed in the cases for dealing with the analogous issue of determining when equity demands a gift to one party be considered in the property division as opposed to being set aside entirely to the donee. That analysis has focused on the following five factors:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re the Marriage of Dean
642 N.W.2d 321 (Court of Appeals of Iowa, 2002)
In Re the Marriage of Miller
552 N.W.2d 460 (Court of Appeals of Iowa, 1996)
In Re the Marriage of Demory
443 N.W.2d 67 (Court of Appeals of Iowa, 1989)
In Re the Marriage of Havran
406 N.W.2d 450 (Court of Appeals of Iowa, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
406 N.W.2d 819, 1987 Iowa App. LEXIS 1563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-martens-iowactapp-1987.