In Re the Marriage of Monica Davidson and Kenneth Davidson Upon the Petition of Monica Davidson, N/K/A Monica Wurzer, and Concerning Kenneth Davidson
15-1945
| Iowa Ct. App. | Nov 9, 2016Background
- Kenneth and Monica Davidson married for about 3.5 years; Monica filed for dissolution.
- Monica entered the marriage owning a residence, various accounts (IRAs, annuity), personal property, and a business (valued by the court at $541,173).
- Kenneth owned a pre-marital home (purchased for $32,000), later valued at $94,490 after marital improvements; he is self-employed with low income.
- The parties had previously purchased a Hawkeye, Iowa home (intended for ministry) using a $55,000 check from Kenneth’s account but funded by Monica’s company; the Hawkeye home was valued at $93,870.
- During the marriage the parties purchased over $80,000 in silver from their joint account (both deposited earnings; Monica contributed substantially more); the district court divided the silver 75% to Monica, 25% to Kenneth.
- District court found the marriage short in duration, Monica supplied most premarital assets and the business valuation was supported by her affidavit; Kenneth offered no contrary valuation or evidence that his work increased the business’s value.
Issues
| Issue | Plaintiff's Argument (Monica) | Defendant's Argument (Kenneth) | Held |
|---|---|---|---|
| Ownership of Hawkeye home | Monica: awarded because funded by her company and used by company | Kenneth: seeks the Hawkeye home as his premarital property (purchase check from his account) | Court affirmed award to Monica as equitable given company funding and no Kenneth contribution |
| Valuation and division of Monica’s company | Monica: company valued at $541,173 based on her financial affidavit | Kenneth: company worth much more (testified > $1M) and seeks half of marital increase | Court accepted Monica’s valuation (Kenneth offered no alternative) and declined large equalization payment |
| Allocation of premarital property given short marriage | Monica: premarital assets should remain largely hers | Kenneth: argues for greater share based on contributions | Court found short marriage, Kenneth was paid for work and didn’t increase value — awarded Monica majority of assets |
| Appellate attorney fees | Monica: requests fees | Kenneth: requests fees | Court declined to award appellate attorney fees to either party after weighing need, ability to pay, and merits |
Key Cases Cited
- In re Marriage of Mauer, 874 N.W.2d 103 (Iowa 2016) (standard of de novo review with weight given to district court findings)
- In re Marriage of Shanks, 805 N.W.2d 175 (Iowa Ct. App. 2011) (district court valuation will not be disturbed if within permissible range of evidence)
- In re Marriage of Wallace, 315 N.W.2d 827 (Iowa Ct. App. 1981) (length of marriage is major factor in rights to premarital gifts or inheritances)
- In re Marriage of Arnold, 133 N.W.2d 53 (Iowa 1965) (more equal division where property is product of joint efforts over considerable period)
- In re Marriage of Fennelly, 737 N.W.2d 97 (Iowa 2007) (court may consider premarital ownership along with length of marriage, contributions, and earning capacity in equitable distribution)
- In re Marriage of McDermott, 827 N.W.2d 671 (Iowa 2010) (factors for awarding appellate attorney fees: need, ability to pay, and relative merits)