IN RE THE MARRIAGE OF ANNIE M. WALLERT AND BRIAN E. SCHADE Upon the Petition of ANNIE M. WALLERT, Petitioner-Appellant, And Concerning BRIAN E. SCHADE, Respondent-Appellee.
from the Iowa District Court for Carroll County, Gary L.
Wallert appeals the property division provisions of a decree
dissolving her common law marriage to Brian Schade. AFFIRMED;
EMERGENCY MOTION DENIED.
Wallert, Boone, appellant, pro-se.
Jessica L. Morton of Bruner, Bruner & Reinhart, L.L.P.,
Carroll, for appellee.
Considered by Vogel, P.J., and Potterfield and Mullins, JJ.
Wallert appeals the property division provisions of the
decree that dissolved her common-law marriage to Brian
Schade. Because we find the property division was equitable
and because little or no evidence supports Wallert's
remaining claims, including that the district court was not
listening to her during the trial, or that it relied on
Schade's "false" testimony, we
Background Facts and Proceedings
and Schade met in 2005 when they began working at the same
company. In 2009, Schade won the lottery twice, winning $100,
000 and then $250, 000. With the lottery winnings, Schade
bought a home in 2009, with title in his name alone. By 2010,
all of Schade's remaining lottery winnings had been spent
on cars, a motorcycle, appliances, and what Schade described
as the couple, "[having] a lot of fun." In April
2011, Wallert and Schade entered into a common-law marriage,
the status of which is not disputed. Also in 2011, Wallert
was awarded approximately $112, 000 in a settlement from a
workplace wrongful discharge, harassment claim. None of those
funds remained at the time of trial.
2012, Schade fell behind on his property taxes and received
notice the property was to be sold at tax sale. Since there
was no money remaining from the lottery winnings or
Wallert's settlement, and Schade was not credit worthy to
obtain a loan, Schade executed a quit claim deed to Wallert
so she could obtain a loan and redeem the home at the tax
one year of the repurchase, Wallert moved out of the house,
taking her clothes and laptop computers the couple bought. In
2014, Schade was injured at work and received a workers
compensation settlement for $140, 000. The money received
from the settlement was spent on more vehicles including a
Kia and a Ford Taurus. None of the cash from this settlement
remained at the time of trial. Wallert filed a petition to
dissolve the marriage in November 2015, and the matter
proceeded to trial in June 2016.
September 2016, the district court entered its judgment and
decree dissolving the parties' marriage, and denied
Wallert's post-trial motion to enlarge the findings, as
all issues had been fully addressed in the filed decree. The
court awarded Schade the marital home and the furniture,
appliances, and other personal property in his possession.
Wallert was awarded the Ford Taurus, and any other vehicle in
her possession, a laptop computer, all other personal
property in her possession, and all bank accounts in her
now appeals, asserting the district court's property
distribution was inequitable. She contends the court should
have awarded her additional property, including the house.
Schade requests appellate attorney fees.