IN RE THE MARRIAGE OF SHELLY VERDOORN AND TROY VERDOORN Upon the Petition of SHELLY VERDOORN, Petitioner-Appellant, And Concerning TROY VERDOORN, Respondent-Appellee.
from the Iowa District Court for Woodbury County, Duane E.
appeals the property division in the parties' dissolution
S. Moeller of John S. Moeller, PC, Sioux City, for appellant.
Patrick O'Brien of O'Brien Law Office, Sioux City,
Considered by Potterfield, P.J., and Tabor and Bower, JJ.
Verdoorn appeals the property division in the parties'
dissolution decree. We determine the amount of $93, 200.00,
representing her interest in a home she owned prior to the
marriage, should be set aside to Shelly as her premarital
property. We modify the decree to decrease the property
settlement payable from Shelly to Troy Verdoorn. We affirm
the dissolution decree as modified.
Background Facts & Proceedings
purchased a home on Glenn Avenue in Sioux City in 1994. She
has been residing there ever since. In 2007, Shelly inherited
a one-half interest in a home on 25th Street and some money.
The house was appraised for $30, 000.00. In 2009, she paid
the other one-half owner $15, 000.00 with the money she
inherited to become the sole owner of the 25th Street house.
Shelly rented out the home and kept the proceeds in a
separate bank account.
moved into Shelly's home on Glenn Avenue in February
2008. They were married on November 7, 2009. According to
Shelly, Troy did very little work improving the Glenn Avenue
or 25th Street houses. She stated she paid for all of the
materials and paid Troy for some of his labor. Troy stated he
did quite a bit of work on both houses, paying for most of
the materials and providing free labor. The parties agreed
Troy put up a shed and fencing for a dog-breeding business in
the backyard of the Glenn Avenue home. Shelly sold the 25th
Street house in 2016 for $75, 000.00 and kept the money in a
separate account. She stated she spent about $41, 000.00 of
that amount on household expenses.
parties separated in July 2017, and Shelly filed a petition
for dissolution of marriage on July 23, 2017. At the time of
the dissolution trial on March 21, 2018, Shelly was
fifty-three years old and Troy was fifty-four. Shelly was
employed as a utility clerk and earned about $42, 000.00 per
year. Troy had seasonal employment with Custom Cut Gutters,
where he earned $18.00 per hour, plus he earned about $20,
000.00 to $30, 000.00 each year from his handyman and
dog-breeding businesses. The parties stipulated the value of
the Glenn Avenue home was $148, 000.00 and the premarital
value was $93, 200.00.
dissolution decree, filed on May 30, 2018, the district court
set aside to Shelly the bank account holding the remaining
sale proceeds from the 25th Street house. The court found all
other assets were marital assets. The court awarded Shelly
net assets worth $143, 081.50 and Troy net assets worth $25,
800.00. The court ordered Shelly to pay Troy a property
settlement of $58, 640.75, resulting in each party receiving
$84, 440.75. No alimony or attorney fees were awarded. Shelly
appeals the property division in the dissolution decree.
Standard of Review
review in dissolution cases is de novo. Iowa R. App. P.
6.907; In re Marriage of Fennelly, 737 N.W.2d 97,
100 (Iowa 2007). "[W]e examine the entire record and
decide anew the issues properly presented." In re
Marriage of Rhinehart, 704 N.W.2d 677, 680 (Iowa 2005).
We give weight to the factual findings of the district court