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Seitz v. Seitz3/22/2005
ION
Absent competent evidence showing that the alleged $33,000 downpayment on the marital home came from non-marital funds, the district court abused its discretion in crediting that amount to Christine. It was not an abuse of discretion for the district court to refuse to give James credit for purchases made with personal injury settlement funds, since he failed to meet his burden under the analytical approach to show that the funds should not equitably be included in the marital estate. Finally, the district court did not abuse its discretion in deciding not to value Christine's jewelry when the evidence was in conflict. We modify the decree to eliminate the lien in favor of Christine and to divide the entire equity in the marital home equally between the parties. We affirm the decree in all other respects.
Affirmed as modified.
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