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In re Marriage of Edwards6/19/2002
The petitioner appeals the property distribution provisions of the parties' dissolution decree. AFFIRMED.
The petitioner, Christine Edwards, appeals the property distribution provisions of the parties' dissolution decree. Christine argues the district court erred in awarding an inequitable division of marital property by failing to (1) consider gifts her mother made to her during their marriage, (2) consider her personal and financial contributions to the marriage, (3) properly calculate the appreciation in value of the marital real estate , and (4) properly divide the respondent's pension benefits. Christine requests an award of appellate attorney fees. We affirm.
I. Background Facts and Proceedings.
Daniel and Christine Edwards were married in 1996. Daniel was a police officer in Macomb, Illinois , and Christine was attending college at Western Illinois University. At the time of trial, Daniel was thirty-three years of age and Christine was twenty-five. Daniel's first marriage ended when his wife and son were killed in an automobile accident. As a result of their deaths, Daniel received insurance proceeds of $100,000. Daniel used that money to pay off the mortgage on the marital home, valued at $48,000, and add $39,000 in improvements. Although most of the home improvements were completed just prior to their marriage, Christine and her mother contributed to the improvements by performing redecorating and providing some financial assistance. In 1999, Daniel transferred ownership of the marital home to himself and Christine as joint owners.
In July of 1999, Daniel obtained a position as an officer with the Pleasant Hill, Iowa, police force. Christine enrolled at the University of Osteopathic Medicine in Des Moines. They purchased a home in Pleasant Hill for $122,000, using $24,000 from the sale proceeds of their prior home as a down payment. The remainder of the money was used to pay marital debt and make improvements to the home.
The parties separated in November 1999, and Christine filed a dissolution petition. Christine quit medical school and moved back to Macomb. She obtained a masters degree in community health education. She currently earns $20,000 per year as an employment counselor. Daniel earns $28,000 per year as an officer and $4,000 per year as a reservist with the Iowa National Guard.
The main issues at trial concerned the division of marital assets. Christine argued she should be awarded the increased value of the marital properties during their marriage. She maintained she and her mother contributed at least $3,000 toward improvements in the Macomb residence and provided most of the labor for painting and floor work. Christine also asserted the value of the Pleasant Hill home increased $8,000 due to her contributions. She additionally claimed she used monetary gifts from her mother toward family expenses. Christine noted that she incurred a $12,000 student loan to attend medical school, but she is now liable for payment without any educational benefits.
Daniel argued most of the improvements to the Macomb home were completed prior to their marriage, and Christine offered no tangible evidence of the amount of gifts from her mother. He introduced testimony from the realtor who sold them the Pleasant Hill home that the improvements Christine and her mother made would not generally increase a home's value.
The district court declined to award Christine any portion of the marital properties' increased value because she provided no concrete evidence of the value of her contributions. The court awarded her a cash payment of $4,091.17 as her share of Daniel's pension benefits accumulated during the marr
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