In Re the Marriage of Annie M. Wallert and Brian E. Schade Upon the Petition of Annie M. Wallert, and Concerning Brian E. Schade
16-1669
Iowa Ct. App.Oct 25, 2017Background
- Annie Wallert and Brian Schade were in a recognized common-law marriage (began 2011) after meeting in 2005.
- Schade won lottery prizes (2009) and purchased a home in his name; Wallert later received a wrongful-termination settlement (2011); neither party retained those settlement/lottery funds by trial.
- Schade fell behind on property taxes in 2012; he quitclaimed the home to Wallert so she could obtain a loan and redeem the property from tax sale for $2,658.
- Wallert moved out within a year, taking certain belongings; Schade later received a workers’ compensation settlement (2014) that was largely spent on vehicles.
- Wallert filed for dissolution in November 2015; the district court (Sept. 2016) awarded the house to Schade and divided vehicles, personal property, and bank accounts between the parties; Wallert appealed the property division.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the marital home should be awarded to Wallert (property division) | Wallert: the 2012 quitclaim deed to her makes the house her property and thus she should receive it | Schade: home is divisible marital property; equities favor awarding it to him because he acquired it before marriage, marriage was short, and property depreciated | Court: affirmed award to Schade as equitable — quitclaim enabled redemption but home is divisible and award was fair |
| Whether the district court ignored Wallert or relied on false testimony (credibility) | Wallert: court wasn’t listening; relied on Schade’s false testimony | Schade: district court made credibility determinations after hearing witnesses | Court: deferred to district court credibility findings; record does not support claim that court ignored her or relied on improper testimony |
| Whether appellate attorney fees should be awarded to Schade | N/A (Wallert appellate litigant seeking relief) | Schade: requests fees on appeal | Court: denied fees based on Wallert’s lack of assets/income and equitable considerations |
Key Cases Cited
- In re Marriage of Veit, 797 N.W.2d 562 (Iowa 2011) (standard of appellate review in dissolution cases)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (deference to district court credibility findings)
- In re Marriage of Anliker, 694 N.W.2d 535 (Iowa 2005) (standard for disturbing property-division awards)
- In re Marriage of Schriner, 695 N.W.2d 493 (Iowa 2005) (definition and treatment of divisible marital property)
- In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (property brought into marriage is one factor in equitable distribution)
- In re Marriage of Berning, 745 N.W.2d 90 (Iowa Ct. App. 2007) (deference to district court credibility determinations)
- In re Marriage of Wood, 567 N.W.2d 680 (Iowa Ct. App. 1997) (factors for awarding appellate attorney fees in dissolution appeals)
