ILNews

COA: Growing crops go in marital pot

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals ruled today that crops growing in the ground that haven't been harvested are considered marital assets. This is the first time Indiana courts have ruled on the issue.

In In Re the Marriage of: James R. Webb v. Nancy J. (Webb) Schleutker, No. 49A02-0707-CV-568, James Webb appealed the trial court decision to include soon-to-be harvested crops in the marital pot. The trial court issued its dissolution decree in February 2007, and included crops growing in August 2005 at the time Nancy Schleutker filed for divorce.

Because no Indiana caselaw had discussed the proposition that growing crops are marital assets, the Court of Appeals turned to other jurisdictions to determine that the crops should be considered marital assets, wrote Judge Nancy Vaidik.

The appellate court also affirmed the trial court's consideration of United States Department of Agriculture payments as part of the value of the crops, the trial court's valuing of the marital property, and the division of the marital property. The trial court didn't err in allowing Schleutker to stay in the marital residence for three months after Webb made a property equalization payment to her, wrote the judge.

"There was nothing improper about the trial court allowing Wife a short period of time to secure new housing in order to accomplish the property division," wrote Judge Vaidik. "As for Husband's assertion that the value of Wife's continued residence is an amount in excess of the marital estate, there is no indication that Wife's prerogative to stay at the marital residence for up to three months is over and above the equal division."

The appellate court also affirmed the award of appellate attorney's fees to Schleutker.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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