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IN RE MARRIAGE OF MARTIN

No. 03-0355.

681 N.W.2d 612 (2004)

In re the MARRIAGE OF Roberta Lynn MARTIN and Brett L. Martin. Upon the Petition of Roberta Lynn Martin, Appellee, and Concerning Brett L. Martin, Appellant.

Supreme Court of Iowa.

June 16, 2004.

Attorney(s) appearing for the Case

C.R. Hannan of Reilly, Petersen, Hannan & Dreismeier, P.L.C., Council Bluffs, for appellant.

J.C. Salvo and Bryan D. Swain of Salvo, Deren, Schenck & Lauterbach, P.C., Harlan, for appellee.

CADY, Justice.

This appeal primarily requires us to decide if a person who cohabitates with another person can derive a claim to property acquired by the other cohabitant during the period of time the parties lived together based on the cohabitation. The district court determined the parties never maintained a common law marriage, but awarded property acquired during the period of cohabitation by one of the parties to the other party, along with attorney fees. The...

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