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IN RE MARRIAGE OF McNERNEY

No. 86-1578.

417 N.W.2d 205 (1987)

In re MARRIAGE OF Judith L. McNERNEY and Joseph P. McNerney. Upon the Petition of Judith L. McNerney, Appellee, And Concerning Joseph P. McNerney, Appellant.

Supreme Court of Iowa.

December 23, 1987.

Attorney(s) appearing for the Case

Colin J. McCullough of McCullough Law Firm, Sac City, and Emil Trott, Jr., and Griff Wodtke of Barrett & Trott, Des Moines, for appellant.

Gregory J. Siemann of Green & Siemann, Carroll, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, LAVORATO, and NEUMAN, JJ.

HARRIS, Justice.

This dissolution of marriage proceeding involves the question whether proceeds of a personal injury claim are marital assets. We think the answer is yes; proceeds of a personal injury claim are marital assets, to be divided according to the circumstances of each case. Under the facts here we think the trial court correctly distributed the proceeds. We modify and affirm.

Joe and Judith McNerney were married on March 17, 1973. Judith had recently...

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