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Case No. 18-0510

In re the Marriage of Jacobs

Catherine M. Jacobs, Petitioner-Appellant

Carl Lee Jacobs, Respondent-Appellee

Attorney for Appellant

John S. Moeller

Attorney for Appellee

Jeffrey T. Myers

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 09, 2019

            Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED AS MODIFIED.  Considered by Potterfield, P.J., Doyle, J., and Carr, S.J.  Opinion by Doyle, J.  (10 pages)

            Catherine Jacobs appeals the economic provisions of the decree dissolving her marriage to Carl Jacobs.  OPINION HOLDS: We modify the decree to ensure the parties share the risk that the Florida property will not sell for an amount that allows them to obtain a full return on their down-payment contributions and reduce the amount of Carl’s reimbursement for his share of the down payment on the Sioux City property from $27,500 to $10,000.  We decline to consider Carl’s gambling losses in determining an equitable property division.  The district court did not abuse its discretion in declining to award Catherine her trial attorney fees.

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