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In re the Marriage of Whelchel

476 N.W.2d 104 (1991)

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In re the Marriage of Whelchel

Iowa Court of Appeals
476 N.W.2d 104 (1991)

Facts

In 1975, Beth and Leon Whelchel were married in Texas. During the marriage, they opened an investment account in Texas. In 1986, they moved to Iowa. However, they continued to contribute to and maintain the investment account in Texas. In 1990, they filed for divorce in Iowa. Iowa was an equitable-distribution jurisdiction that applied a fair and equitable division of property acquired during the marriage. The court divided the assets under Iowa law, including the investment account, which the court found was reasonably considered in part Leon’s pre-marriage asset (due to the deposit of part of Leon’s pension from a prior employer) and in part an asset of the marriage. Beth appealed the court’s division of property, including the investment account, arguing that Texas law applied. Texas was a community-property state where the spouses shared equally the property acquired during the marriage. Still, the law allowed for property to be deemed separate, such as property acquired before the marriage. Because the dissolution decree was an equity action, the appellate court applied a de novo standard of review.

Rule of Law

Issue

Holding and Reasoning (Donielson, J.)

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