Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marriage of Firestone

Court of Appeals of Iowa

January 10, 2018

IN RE THE MARRIAGE OF DIANA VASQUEZ FIRESTONE AND DIEGO FIRESTONE Upon the Petition of DIANA VASQUEZ FIRESTONE, Petitioner-Appellee, And Concerning DIEGO FIRESTONE, Respondent-Appellant.

         Appeal from the Iowa District Court for Marshall County, Michael J. Moon, Judge.

         Diego Firestone appeals, and Diana Vasquez Firestone cross-appeals, from the decree dissolving their marriage.

          Barry S. Kaplan and C. Aron Vaughn of Kaplan & Frese, L.L.P., Marshalltown, for appellant.

          Joel T.S. Greer of Cartwright, Druker & Ryden, Marshalltown, for appellee.

          Considered by Vaitheswaran, P.J., Potterfield, J., and Carr, S.J. [*]

          CARR, SENIOR JUDGE.

         Diego Firestone appeals from the decree dissolving his marriage to Diana Vasquez Firestone, challenging the property distribution ordered by the district court as inequitable. Diana cross-appeals, requesting reimbursement spousal support, attorney fees, and restoration of her former surname. We affirm, as modified, on both appeals.

         I. Background Facts and Proceedings

         Diego and Diana divorced in 2017 after four years of marriage. They each have children from prior relationships. At the beginning of the marriage, Diego lived in Marshalltown and Diana lived in Texas. Diana and her daughters moved to Marshalltown in June 2013. Diana rented a home from Diego's mother so she could improve her credit rating to qualify for a mortgage loan on a home.[1] Diego and his three sons lived nearby in a house he was renting. In December 2015, they purchased a home and moved there together with their children. The arrangement was short-lived; in April 2016, Diana and her daughters moved from the home and into an apartment. She filed a petition for dissolution of marriage the next month.

         The primary issue at trial was who would receive the marital home.[2] Diego believed he should receive the home because he had provided the down payment (approximately $7400), he had made the monthly mortgage payments (approximately $1270) after Diana moved out, and his sons "love it there." Diego acknowledged he was unable to refinance the house in his name. Diana expressed concern about having the house in his name and how that could affect her credit rating. Diana wanted to move back into the house so she could "stage it" and put in on the market to sell. According to Diana, the house was "immaculate" when they moved in, but it had become a "mess" since she moved out. The parties agreed there would be no profit when the house sold after the realtor and other fees were paid.

         After trial, the district court entered a decree dissolving the marriage. Among other provisions, the court ordered Diana to receive the marital house and take over its payment. The court declined to order spousal support. Diego appeals, and Diana cross-appeals. Additional facts will be set forth as relevant to the issues presented by the parties.

         II. Standard of Review

         In this equity action involving the dissolution of a marriage, we engage in de novo review. In re Marriage of McDermott, 827 N.W.2d 671, 676 (Iowa 2013). Our review involves examining the entire record and adjudicating anew the issue of the property distribution. Id. We give weight to the district court's factual findings, though they are not binding on us. Id. We defer to the district court's opinion regarding the believability of the parties because of the trial judge's superior ability to gauge their demeanor. In re Marriage of Pundt, 547 N.W.2d 243, 245 (Iowa Ct. App. 1996).

         III. Propert ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.