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:
Summary
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.