We also conclude that the district court adequately considered the statutory factors for awarding maintenance, and its maintenance decision need not be altered. The district court has broad discretion in dividing marital property. Whether property is classified as marital or nonmarital is a question of law that we review de novo. We affirm the district court's findings of fact unless they are clearly erroneous. It is presumed that property acquired by either spouse during the marriage is marital property.
Property owned by a spouse prior to marriage is nonmarital.
To maintain its nonmarital character, property is not to be commingled with marital property, and a party seeking to prove commingled property nonmarital, must show by a preponderance of the evidence that the property can be readily traced to a nonmarital source. The district court determined that a proportion of Old House was nonmarital property because of respondent's prior ownership and the couple's antenuptial agreement. The parties made a number of improvements to Old House during the marriage. Crediting the testimony of a real estate expert, the district court concluded that not all of the improvements increased the value of the property. In 1994, the parties purchased New House with the funds from the sale of Old House.