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Case No. 19-0030

In re the Marriage of Pleggenkuhle

Jesse Gene Pleggenkuhle, Petitioner-Appellant

Kimberly Lynn Pleggenkuhle, Respondent-Appellee

Attorney for Appellant

James S. Updegraff

Attorney for Appellee

Christopher F. O'Donohoe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jan 23, 2020

            Appeal from the Iowa District Court for Fayette County, Bradley J. Harris, Judge.  AFFIRMED AND REMANDED.  Considered by Tabor, P.J., and Mullins and May, JJ.  Opinion by Tabor, P.J.  (8 pages)

            Jesse Pleggenkuhle appeals the decree dissolving his twenty-two-year marriage to Kimberly.  In the decree, the district court found two $50,000 payments from Jesse’s family were gifts to both him and Kimberly for building and refinancing their marital home.  Jesse contends those gifts were not divisible as marital property because his parents gave them to him alone, intending to keep the farm in the family.  He also contends the award of spousal support is inequitable.  OPINION HOLDS:  Because the district court correctly concluded the gift was to the couple, not Jesse alone, and the support award is equitable, we affirm on both grounds.  Kimberly asks for appellate attorney fees; we remand for the district court to determine a reasonable award.

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