 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
In re Marriage of Martin6/16/2004
On review from the Iowa Court of Appeals.
A person who cohabitated with another person challenges the authority of the district court to award attorney fees and property he acquired during the period of cohabitation to the other cohabitant, after the district court found no common law marriage. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED AS MODIFIED AND REMANDED.
This appeal primarily requires us to decide if a person who cohabitates with another person can derive a claim to property acquired by the other cohabitant during the period of time the parties lived together based on the cohabitation. The district court determined the parties never maintained a common law marriage, but awarded property acquired during the period of cohabitation by one of the parties to the other party, along with attorney fees. The court of appeals affirmed the district court conclusion that the parties did not have a common law marriage, affirmed the property award, and reversed the award of attorney fees. We vacate the decision of the court of appeals and modify the decision of the district court. We find no common law marriage existed between the parties, but determine the district court had no authority to divide property owned by one party. The district court properly awarded attorney fees. We remand the case to the district court for entry of an order restoring the property rights of the parties.
I. Background Facts and Proceedings
Roberta and Brett Martin were married in 1988. They lived together prior to their marriage and had one child, Ashley. She was born six months before the marriage. Roberta and Brett moved with Ashley to Clarinda in 1989.
The marriage ended in divorce in 1990. Although Brett moved from the family residence into an apartment at that time, Roberta and Brett continued to enjoy an amicable relationship. Brett maintained a presence at the family residence, and frequently stayed overnight. According to Roberta, the divorce was obtained as a means for her to qualify for various forms of public assistance, including financial aid, to enable her to attend college. Because of this, Roberta considered Brett to be her husband following the divorce. Roberta enrolled in college after the divorce, and received various public assistance and aid.
Brett purchased a home in Clarinda in December of 1991, and the parties began living together in the home a few months later. The deed and mortgage on the property were in Brett's name, and both documents designated him as a single person. Roberta stopped receiving public assistance a short time after she moved into the house.
Roberta and Brett lived together for the next ten years, except for those periods of time when Roberta moved from the home following disputes. In 1993, Roberta moved from the home after Brett refused her repeated requests to remarry. She also filed a petition in district court for maintenance of an unmarried person a short time later. The action was subsequently dismissed and Roberta returned to the home. In 1996, Roberta again moved from the home for approximately five months. The parties finally separated in May 2002, and Roberta filed a petition for dissolution of marriage. She claimed the parties maintained a common law marriage, and sought a dissolution of the marriage.
During the time Roberta and Brett lived together following their divorce in 1990, they maintained separate bank accounts and consistently filed separate tax returns with the filing status designated as single or head of household. Some of Brett's employment records indicated he was married, while others reflected he was single or divorced. In 1999, Brett p
Page 1 2 3 4 5 6 Iowa Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|