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In re Marriage of Martin6/16/2004
urchased a second home in Clarinda. The deed designated him as a single person and the mortgage designated him as an "unmarried" person. Brett also purchased several motor vehicles during the time the parties lived together, and held title in his name only. Brett declared himself married on the insurance policies for the vehicles. On one occasion in 2001 when Roberta was hospitalized, Brett declared himself to be her husband on a consent to treatment form. Roberta maintained individual credit cards, and in April 2001 designated herself as "divorced" on a retirement account document.
Roberta and Brett frequently presented themselves to the community as husband and wife. They were often addressed as "Mr. and Mrs." in mail they received at their home, and were normally introduced as "Mr. and Mrs." in various social settings and school events. Ashley always assumed her parents were married, and was surprised to learn in 2001 they were divorced. Overall, the parties tended to treat themselves as married when it was convenient or beneficial to do so, and, likewise, treated themselves as single or divorced when it was beneficial to do so.
Roberta and Brett both worked during the period of their cohabitation, and both contributed to the household expenses. Roberta was the primary caretaker of Ashley and assumed most of the general household responsibilities. At the time of trial, Roberta's annual income was $16,600 and Brett's annual income was $53,000. The money used to buy the two homes came exclusively from Brett's funds. Roberta apparently made no financial contribution towards the purchase of the homes, or the motor vehicles purchased by Brett.
The district court found Roberta failed to establish the existence of a common law marriage with Brett. Nevertheless, the court determined it was empowered to decide the issues of child custody and support, and had equitable authority to divide those assets of the parties accumulated during their cohabitation. It then entered a decree granting the parties joint custody of Ashley, with physical care to Roberta. Brett was ordered to pay child support and was given liberal visitation. The court divided the debts of the parties as well as the property, including the two parcels of real estate solely owned by Brett. Brett was awarded one home and Roberta was awarded the other home. Brett was also required to pay a portion of Roberta's attorney fees.
Brett filed a notice of appeal. He claimed the district court had no authority to award Roberta property he owned without first declaring the existence of a common law marriage. Likewise, he claimed the district court had no authority to order him to pay Roberta's attorney fees. Roberta claimed the district court erred in failing to find the existence of a common law marriage.
We transferred the case to the court of appeals. It held Roberta and Brett did not have a common law marriage. It further held that the district court had jurisdiction to divide the property and affirmed the award made by the district court. It reversed the award of attorney fees. Brett sought further review.
II. Scope of Review
We review claims of a common law marriage de novo. See In re Marriage of Stogdill, 428 N.W.2d 667, 669 (Iowa 1988).
III. Common law Marriage
A. Background
Two forms of marriage are recognized in Iowa. One is ceremonial, governed by statute. See generally Iowa Code ยงยง 595.1-.21 (2003). This form of marriage was recognized in our first code in 1851 and the requirements established then are essentially the same now. See In re Estate of Stopps, 244 Iowa 931, 933, 57 N.W.2d 221, 222 (1953). The second form of marr
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