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Case No. 22-1963

For summaries from opinions prior to August, 2018, view PDF versions here

In re Marriage of Sanders

County:
Polk

Ellen M. Sanders, n/k/a Ellen M. Nolte, Petitioner-Appellee

William G. Sanders, Respondent-Appellant

Attorney for Appellant

William W. Graham (until withdrawal)

William G. Sanders, self-represented

Attorney for Appellee

Christopher B. Coppola

Jennifer H. De Kock

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1963
Date Published:
Jun 05, 2024
Summary

            Appeal from the Iowa District Court for Polk County, Sarah Crane and Jeanie Vaudt, Judges.  AFFIRMED AS MODIFIED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (17 pages)

                A husband appeals the decree dissolving his marriage, arguing the district court erred in (1) finding a premarital agreement between the parties unenforceable, (2) treating his inherited assets as marital property, (3) requiring him to be partially responsible for debt under a home equity line of credit, (4) conditioning the duration of his obligation to pay his wife’s health insurance expenses on whether he exercised his right to appeal, and (5) awarding his wife trial attorney fees.  The wife requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court on all issues except the award of trial attorney fees.  Because those fees were not supported by an itemization, we modify the decree to vacate the award and remand for reconsideration of trial attorney fees consistent with this opinion, together with the wife’s request for appellate attorney fees.

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